Ohio State journal (Columbus, Ohio : 1849 : Weekly), 1852-02-24 page 1 |
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VOLUME XLII. COLUMBUS, OHIO, TUESDAY, FEBRUARY 24, 1852. NUMBER 2G. PUBLIHHKD EVKRY TUESDAY HORNING 11V HCJOTT c UAHf'O.lI. OFFICE JOUSNA1. BUILDINGS, HIOH AND PEARL BTRIKTS. COUNTING BOOM ON PEARL STREET. TKRMH Invnrliibly Id advance. Vekly uorannutn Id Columbus 9 U 00 Uutot the city t by nmuiuule ISO '1'ouhtbsof fuuraud upwards 1 2i! Tot nibs of ten and upwards, to one address 1 01) Dady, session S 00 TrX-Weekly, do X 0 Weekly do., single 80 The Journal U alio published Dally anil Tri-Weekly during the year; Daily ptjranuum, by mall. S; Tri- Weekly, S3. Ilntm of Advertising Weekly Paper. Onesquitre, lOltni orloss, one insertion 0 30 " " eacbudditloual " 0 iiA " " " 1 month 1 50 " a " 2 25 " ' 3 " 3 f0 " 6 " S 0 ' " " la " 8 ' " chanseablemonthly per annum 20 (Mt weekly " ail 0 Htandingcard,onflaqiiRrn(ir!tu, " 8 00 coliimn,chnffHlileurtcrly," " 35 00 M, an oo 1 " ' ' 100 00 Other cases not provided for.chargnablofn conformity with the above rates. All leaded advertisements to ho charged not less than double the above rates, and measured as II snlid. Advertisement un tlteinsideexeliinlvely.tobncharBodatthe rai of 50 per eent. In advance on the above rates. OHIO LEGISLATURE. Monday, February Iff, 1853. I IN 8ENATK. I 10 o'clock, A. M. A. large number of petitions, were presented, most on the temperance question, which wu huvp lo omit. Mr. Rice, from I lie standing committee on Comuion ! Schools, rejmrted on the petition of the trustees and , visitors of schools (if the city of Cincinnati, by a hill lo ! provide for the proper organization of the common school? iu Cincinnati; which wusread the first time. The Board ol I'uhlic Woik'e hill was referred to Mr. Atkinson, as a committee of one. The House Ki-soltitious, respecting a Canal at the j Fulls of Ohio, was rend ; whi'ii Mr. Vattier supported the resolutions, showing that I the CRtinl now in uxo was insufficient to accommodate the commerce of the river, uid tlie impossibility ot re- j pairing the present, which would soon be useless for navigation. Me rend trom the report of Col, Long, in support of hii position, and describing the character of tho contemplated work. Mr. Covey moved a proviso that nothing should he construed so as to sanction the purchase by the United States Government of the stuck of the Louisville and I'ortland cuniil. Mr. Vatiiur opposed, as he thought the Government ought to own hoih canals that they should be Iree. The amendment was lost. A motion to lay nn the table was tost. Mr. Vattier moved to amend, by the appointment of a joint committee to proceed In Washington, and lay the subject before Congress. Mr. I'lirdee said ho was not in favor of sending a committee, to Wellington, Mr. Finck did not think we ought to send n committee to Congress, though he wished to see the resolutions adopted. Mr. Vattier explained that he had offered the resolution at the rt quest of n gentleman of the Houio. The amendment was lost. Mr. Covey said he would like to support the resolution, hut he could not do so without some expression against the purchase by the government ol the present canal. He dirt not do so because he was opposed to the principle of improving mers, but because he was opposed lo the expense ot buying the Kentucky canal. Mr. Pardee said if this proviso prevailed the resolution would be worth nothing; because such was the feeling on the Southern side of the river, that a free canal ratmot he made in a tree Htale without Southern opposition t and such a hubbub would be raised nn such a proportion, that the government would fuel bound to abandon the work to save the Union. Mr. Finck had no fears that the construction of the improvement contemplated by the resolutions would involve the serious and alarming question of the dissolution of tlie Union, He had no such fears. Mr. Wilson supported the resolution. The delays and difficulties iu passing these falls, are diverting a large amount of commerce from the river, by promoting the construction of railways in competiiion t herewith.Mr. Wilson closed with nn amendment providing that nothing shall be paid fur the stock of the Ken tin ky cunol above tho cost of construction, which Mr. Covey moved to amend by saying the pur value of said stock, which Mr. WiUou accepted. Mr. Cashing said his constituents were deeply in'or-eated in this mnlter; hut he believed that they would be satisfied with what their llepreseiitatives in Congress would do. Hisconstituents hud freely paid high taxes to construct works of .improvement in tho interior of the State, and now he lisked for them, that something bo done to assist them in getting to market with their produce. He hoped theseresolulions would not ho clogged by any restrictions of thin kind. Mr. Covey strongly urged the necessity of making an expression ngu'mst n payment for stork at the rntea that would be demanded, declaring himself decidedly in favor of the improvement. H knew that the own ers id' tho Kentucky stock were shaping mailers with a view to secure n good round price out of Govern ment tor it. Mr. Vattier thought th-ro was no material difference between him and I he gentleman from Washington. Mr. V. said the United States now owned a la rye jwrtion id' this stock, and ho did not think theru was much danger to the government in tlie transact ion. The proviso wan then adopted. Senate took a recess. 3 o'clock: P. M. The resolutions relative to a canal around the Fa I If of Ohio were taken up. Mr. Mitogen said he hnd ascertained that seven eighths of the Louisville canal stock was owned by the United States, and he thought the resolutions ought It pass, as no dilliculty could arise. on this account. The resolution was then adopted yea 25, navs 2. l tie chair laid helore the Senate the report n tin-Auditor of Slate, as lo the printed blanks required in bis olh'ce, which was referred to the committee on Printing. Mr. McKiiiney on leave, introduced a bill to provide tor Holding special terms ot courts ol common pleas, which was read the first time. The constitutional rule was dupermed with, and the hill rem I a second time, and referred to the committee on Judiciary. Mr. Smith, cm leave, introduced a hill aupplemeiita ry to the charter of the town of Logan, in Hocking county, which was rend the lirai time. Mr. Atkinson from the select committee, to whom was referred the Hoard of Public Work's bill, reported back the same with two amendments, recommending me pasta go 01 ino same. The amendments were adopted. Mr. Williams moved to amend, by way of ryder, an as to limit tlie area of land nt any time appropriated by the board, to 1000 acres, which he supported, by snowing tne iiisu'ivuniugea ot constructing Hie content plated extension ol the Lewistowu reservoir in L county. Mr. Kilbourn objected, and cited the comparative advantages of the enlargement of the resei voir, over iuiishing it in its present shape. Mr. Williams said, lie found by looking over the re- port of the Hoard of Public Works, it was contem plated to enlarge the Lew i ton Iteservoir, in Logan county, and lhat the bill now under consideration, guve the Hoard a kind of unlimited power, by themselves or agents, o enter Upon and take possession, and use streams, latitts ami materials tor tlie construction ol locks, dams, reservoirs, Ike., without any restriction ai to tho number of acres, amount of materials, or any mug coinamcu in ine out in net us a saie-guaru lot private properly, only lhat the State in its great dig- health of the citizens, with mt any right to the indi vidua! as to whether he wishes to sell, net linn farm under cultivation, I am by no nieaus unwillin to give to the State all tho facilities that can reasonably be done. Hut I am opposed, as before stated, to give the State the power to euter upon, probably. 10.000 acres of land. This work , during tho Inst season, with an area of 1001) acres, kept the caual in operation ; and it does appear to mo that 2000 acres would iu all conscience be sufficient, and not thus trample on the rights of private persons and private property, Mr. Kilbourn rejoined and said that the lands proposed to be covered by tho extension was chielly swamp lands ami Indian lake, and could be constructed at much smaller cost than the original work. Mr. Walkup said he had lived long enough on the Miami Canal to know the necessity of enlarging this reservoir t and that he understood that all tho good land wai ulready covered in the original place. The ameiulmunt by way of ryder was lost. The bill was then read a third time and passed. Yeas 29. nays 1 Mr. Williams. The Senate went into committee of tho whole on the bill relating to the gugue of Railroad tracks. Mr. Walkup, on request of Mr. Williams, staled the hisiurv of the establishment of tho general gauge in use in other mates, and Unit called (tie Ohio gauge. The bill was passed in committee. Tho bill fixing the salaries of Judges was then taken up. Mr. Kich moved to strike out f J.ODO as the salaries of Supreme Judges, ami insert J 1.8(H). Mr. Pardee said he was opposed to striking nut this only. He was for striking out the whole bill. He was for fix mir all salaries iu one bill, sothatthev could be made to bear the proper relation to each other. H did not want lo dispose of ihrse things in detail t but he would like to put them all together ao that we can nave them rightly graduated. W Mr. Finrk aIfl lie rnillit not innnnu ll nuitlnmnn from Tuscarawas had made this motion from anything "ke a disposition to play the demaaoirae. nor could he not to hesitate to pay them suhrics at least compare- uin w j iu Hume ui umur oiaies. Mr. Kich said he madu his motion in good faith; hut ho thought the salary of the common pleas judges ought to be the same as the supreme, because the labors were as great, and tho same labor ought to have the same pay. Mr. Covey said he loo was for making both alike; but he would go fur bringing up the $1800 for the common pleas judge lo $-2000. besides lhat his position was a peculiar one. His Whig friends had charged him before the election with being thu advocate of high charges, and as he hud never denied it, and- the people hud elected him, he therefore took it that it was his duty to advocate good salaries. Apart from I hi, he was for giving a fair compensation to our judgui. Mr. Cox supported the $2000. He was forgiving fair and liberal salaries in all these cases. Mr. Alkiuson sutd he should vote to strike out, and then vote lor $1,800. He admitted that these salaries Imtl been too low, but these high rates were, he believed, nhovo what his constituents would bear. He spoko ol the per diem of members, and said he did not expect or intend to vole for bimttelf more than the old rales per dim. Mr. Hill moved to strike out $1,800 as the salary of common pleas iudpes. and insert $2,000: which was lost. Tho bill was then pnssed in the committee. The bill tiling the fees and salaries of members. lerkn, door-kcuiis and their assistants, was their taken Mr Atkinson moved to strike oat from the section on mileage the "nearest public conveyance," and in- rt the most direct route." Lost. Mr. Pardee moved to strike out $ I from tho vcr diem. u tin insert g-ii. Mr. P. sunnorlrd his motion with a verv hold and independent argument. Mr. Aluiif.reu said he was willing to go a figure that wouiu luae nun nomo wiinoui neluc in (lent. Mr. Ferguson said he was lor striking out : but it oulil be to fill with less than $4 instead of more. He said he agreed with Mr. Pardee lhat the constitution nd not lorind the payment ot postace on documents. itid therefore, he could not bue upon this postace an mcieano 01 pay. I he resolution to strike nut prevailed. Mr. Ferguson moved to fill the blank with $3. Mr. Pardee moved to fill with $,"i, which carried. The committee then rose. Tho bill on railwiiy pauces was referred to the com mittee on Railways and Turnpikes. i lit inits fixing the suiaries ot judges and members if the LegilHttire, &c, were referred tothecommittoe n pens and Sabines. Adjourned. 'ourt ia Bunk shall be trasnferred to the present court, and be under their control." Agreed to. Mr. Rumaee moved to amend so as to give district judges power to grant wriis in vacation. Agreed to. Mr. r other moved to strike out the 5th section, as amended by the action of the House this afteruoou. Lost yeas 13, nays 51. l he lull was then ogam passed yeas i3, nnya 14. Mr. Van Vorhes otl'ererl a resolution reouesting tho Governor to inform this House whether he has receiv- i a the resignation of Isaac Parish as member from No I hie county, ' Mr. Means moved to lay it on the table. Carried. Mr. Means offered a resolution, memoralizing tho cislaturo ot Virtmim. tor permission to construct n h rid go across the Ohio river at Steubeuville. Laid on he table to bo printed. Air. Darimm ottered a resolution cranting 1). Hoi- brook and Win, Heswick their costs in contesting their seala in this House. Referred to tho committee on trenchment. The House then adjourned. Tuesday, February 17,1832. IN SENATE. 10 o'clock. A. M. Mr. Van Btiskirk reported bock the bill reluiintr to mi I road gauges, with au amendment, which wns reed to, when the bill was ordered to be engrossed. The House bill to repeal the act supplementary to the act for Ihe protection of sheep, was read a second timo. Mr. Smith's bill to amend thu ch irter of the town of ogan, was referred to the committee on Municipal orporaitons. Ihe Senate bill relating totheorcmnzationot courts, won received back from the House with sundry amend ments. Mr. Riddle moved that the bill and amendments be referred to the .ludictnry committee i which wasugrefd 10. iippose any Senator on this floor would stoop ao low. "3 n"1 of no office which required talintof a higher ordn than thtta Judgwbjpi and he thought wt ought HOUSE OF REPRESENTATIVES. 10 o'clock, A. M. Prayer by Rev. Mr. Roberts. The Speaker presented a communication from Hon. aac Parrish, resigning all claims to a seat in Ihe House of Representatives, as member elect from Noble county. I Mr. Parrish savs he is convinced Ins right to a seat s so connected wiih other matters as to prevent its consideration and decision on its own merits, and that consequently (he time ot the House will be much oc cupied, and its business delayed, and theretore he reigns his seat. I he communication was read and laid on the table. Bill introduced. dly Mr. Bishop, to provide for the publication of an accurate and detailed statement of lie receips mid expenditures ol the public monies. JieporlioJ atandtnf? tommttfett. Mr. Cockenll, Irom ie committee on Corporations reported back the pe- liliou of -- Schrciner and 18 othersof Washington county, for a Benevolent Institution, and that separate acts for the incorporation of such institutions were nn constitutional, and that they must be provided tor by nerai laws. Agreed to. Mr. Dentins, from the Finance committee, reported back the tax bill, with several amendments, lit amendment being verbal, was agreed to; 2d amend ment tnxing United States and .State stocks being rend, Mr. She llahargor said this qiieailon was no new one, it had occupied much lime in the constitutional convention. It was ihere agreed that the State had no right to tax the United States stocks, but it was urged ui monies invested in sucn stocKS might be taxed, itch a distinction had been mud a once iu South Caro lina, nnd decided by the Supreme court as not a valid one. Similar decisions had been made in other cases. that tho Stato hnd no right to lax the stocks of the United Htntes stocks. Were it an opn question, he would bo in favor of laxinff all such stocks, as tho only equitable and proper basis of taxation. Hut it must be remembered that these stocks brought an additional price in the market in consequence ot their being ex emptcn itotn taxatiou ny the law authorizing their issue, and that this high price was a tax paid to tho State in lieu of all subsequent taxes. To tax them again would be a breach of the contract. If there were any stock either ol ihe United States, or of State not so exempted, the? oucht certninlv to he tnxed. The taxatiou of tho kind of slocks above re- rred to, was not renuired by the constitution. II this amendment was urged, ho should be obliged to viii" almost it. The bill was here temporarily laid nn the table. Report of tried commiitetB.-Mr. O'Neill, from the select committee to whom was referred theroport of the standing committe on the Morgan county case, re ported it buck, and recommended the adoption ol the resd.uuuiia inerein cooiiiiueu, viz; i nai uaviu iioi brook was not entitled to a seat; and that Mr. Hoi- brook he paid his per diem. Mr. Van Vorhes said, that as one of the Select Com-mittee on this case, he was not ready to vote on this case. He had never been not thed to meet that com mittee, had never been informed when they were to meet, and ho hoped that the case would be deferred ill Mr. tioihrook returned, till the other member ol he committee bad returned, and till he had opportu nity to examine the case. Ho moved the Report be am on uiu moil. i,osi yeas -zo, navs Ol. The resolutions deciding that Havid Hoi brook was not entitled to a seat Irom Morgan county, and that wm. Heswitk was, were then adopted yeas Jin, nays 18. Mr. Heswitk then appeared, received tho oath of ottiro, ami look his sent. Mr. Itauta reported a bill lo extend tho corporate units of New Mndixon, Darke county. Read the tint time. The Speaker presented a Report from the Auditor. showing tho amount expended in ISM for the salaries l the Supreme Judges, the .lodges ol Comuion Pleas, and Associate Judges, Laid on the table lo be printed, Mr. Withrow's motion to reconsider the vote on the passage of the Court bill, was taken M om the table and agreed lo. Mr. lUmagn moved to amend, that the District Court thrall not reserve any ouesliou to the Supreme Court unless the court bo equally divided, and then only on mouon oi one 01 me names. Pending this, the House took a recess. 3 o'clock. P. M. Mr. Van Vorhes gnve notice of his intention to enter his protest against the action of the House, on the caso i the decision ot the Morgan county case. The consideration of tho Court bill was resumed, Mr. Itamagu's uuieiidment, ollured in the forenoon till pending. Mr. Gest said if it was adopted, no case would over be brought lo-fore the Supreme Court, except when the Judges in the district court were equally divided. l no supreme .lunge presiding in tlie district court out lit to have the power to reserve the cuseto the Hit premo Court. I ho oilier Judces were acting nn then own decisions, and would nuturally be disposed to maintain tti in, and theretore the Hit pre me Judge ought to have ihe power to reserve it. The expense would be trilling, not worth mentioning. Mr. Homage replied to the remarks of Mr. Gest, that the District Court have the power at any time to re serve any question to be decided at the Supreme Court, carrying alt esses they may thin important to a d liferent court, without decision ; requiring the par ties to appear in a court they had not asked for ; keeping up litigation at the expense of thu parties ; that every person is entitled to a Seedy trial. Mr. Houk moved to amend the amendment so permit the district Judges or tho Supreme Judge to reserve a case on motion of either of the parties. Mr. Shellaharger opposed this motion. He said that by it, a party unwilling to stand trial, or wishing gain time, might move to tend the case to the Supreme Court, and prevent and retard justice for a year or se ries ot years, till he became bankrupt. He thought the original amendment ol Mr. Kninnge as proper and necessary. The district court was the best court of the system, ami to it as mncn business should be re ferred ns possible. Mr. Gest said such a case as tun nosed uever could get into the District Court. That court was not a Jury court, it was a mere paper court, and such a case ai supposed must Inst go through the Common Plea court, and must be secured by bond before it could further. Aoain, the District court was nut the bi court in thesysletn, it was an appellate court composed ot puigei sittiug on tnctr own decisions, and naturally disposed to support tnose decisions. Mr. Shellaharger defended his supposition. A Imtn conditioned on the decision of the District court woul not hold good in the decision of the Supreme court. Besides, a reservo to the Supreme court would subject the parly to much delay, and every litigant was en! tied to a speedy trial. Mr. Fisher opposed the amendment, as a mere ma neuvre to put Into the bill what had already been stricken out. Mr. Houk defended his amendment, and hit motives tn introducing it. Mr. Wilhrow defended the original amendment of Mr. It a inn go at some length. The debate was further continued by Messrs. Honk, Plumb, Damon, Fisher, Gest, Means, Croxton, Davidson, and McCall. The question was taken on the amendment of Mr. Houk and resulted yeas 61, nays 112. The amendment of Mr. Ha mage, as amended, wu then adopted yeas 4(i, nays 22. Mr. Kamage moved to amend the lOlh section, by adding as follows: 1 "Aud the records ud filet of the late Supreme Mr. Vattier rose and referred to the petition which was not reported, and spoko of the telegraphic reports, men no said were imperiect. The bill to enable colleges nnd universities to be come bodies corporate, was taken up. Mr. Atkinson moved lo amend, by way ot ryder, so to make trustees and directors liable individually for debts beyond the menus of the corporation. Mr. Pardee objected to making stockholder of in-stiutions of learning and education liable for debt. e was not so anxious as some were, about this kind ol bility. He thought it we wanted to give a money making corporation credit, it would bo well enough to make that provision; but he could not favor trammeling the formation of such corporations by a provision which would deter persons from assisting iu getting up useful institutions. Ho thought the etloct would only to block up the progress of improvement. Besides, did not believe the constitution required such a pro vision, though it allowed tho Legislature to adopt it il ey thought lit. Mr. Wilson said it had been the desire ol the com mittee which first framed this bill to leave it as Mr. ardeo wished, hut since the Senate had referred back ie bill, with instructions to insert this proviso, they had no alternative. And the committee found that irne institutions of learning were private enterprises, finch ought to he treated as common corporations; but so far as colleges, &c, founded on donations and subscriptions were concerned, they thought they should not he so trammeled ; and he, for himself, hoped the amendment would not prevail. He whs not willing to ake those who girr their money or this cause liable the misiortuues ol institutions ot a benevolent laracter. Ho agreed with Mr. Pardee that those ho trusted such corporations ought to do so at their own risk. Mr. Mungen said he held the constitution to be pos itive in requiring this proviso. He was not opposed to learning, or the means ol education; but he would not discriminate between school houses and churches. and mechanics' shops. Mr. Ferguson thought tho constitution only required this proviso in corporations gotten tip for profit. Hut ne would support the amendment to guard against and orrect the abuses lhat mechunics often suffered ! y the over desire with many trustees to do building, and in- ur other liabilities, which this proviso would limit. jvir. rinck said in legislating tor the peoplo, wo iimld look well to the general welfare of Ihe people. The interests of education, morality, religion, and all mir nest interests are involved, nnd wo should look well tho manner in which we legislate in reterenco to lem. tie referred to the constitutional provision, and 'xpre.sed himself against thu amendment, I Mr. Atkinson made a warm delenco of the amend ment, contending that these trustees should not be given tho ndvantago over mechanics whom they might employ. Air. Rich opposed the amendment. He thought Ihe constitution did not requiro this provision to bo uttuched these liisuiniions. i Mr. Pardee followed, and very strongly opposed tho I amendment. I Mr. Peppard said he wns opposed to the amend-! ment, and presented this argument: The stockholders it corporations are the principal owners, who net by igents, who are the trustees, and it would be tiniust to make these agents liable for their principals, a practice ,'tiicn is wti"iiy unknown, no would place this upon lie footing of nil other contracts, Mr. (illlett supported the amendment, nnd cited the lliculty of collection of claims against these iiislitu- tions. Mr. Mungen said we were about to make a set of soulless corporations, and ho was decidedly opposed lo tne measure. Mr. Ferguson said the result of this amendment would ho to compel the trustees to have money in hand lore iney contract, it they nave the lands it roin-Is them to pnv. This 1 claim into morals calls for. The Father of all religion and benevolence has said. tho laborer is worthy uf his hire, ami this Senate should secure it to him, nud not permit trustees to contract, without the means tn pay, and lhat, ton, at the expense uf thu laboring man of the county. I will siq-port the amendment for these reasons. i no amendment was lost. Mr. Pardee moved that the bill bo referred lo a com mittee of one, thtit he might strike out tint last section, which provides lor individual liability equal lo the stock. The reference was not granted. Senate then took a recess. H o'clock, P. M. Mr. Vattier moved lo recommit the bill with instruc tions to amend so as to insert ihn word " literaiy " be- ire the word college, in section live. He explained that he wished the bill so shaped as to enable other than literary colleges to be formed under this act. I ho reference was mode. Mr. Wilson offered a resolution giving the clergy who attend the opening of the sessions, ihe privileges of tho Slate Library. Mr. uushing wished II extended to all the clergy ol the city. Mr. Pardee said he did not see how we could give the use of the Library to some of the clergy, without innRing it iree to all. Ami it It was to bo deemed n vnlunble consideration, hn was opposed to the prinrl pie of paying for religious services of this kind, ns hi regarded religion as too sacred a matter to be tampered wnn nere. Air. rincK moved Mr. Uushing a proposition as an amendment. Mr. Gillet moved to amend by giving the use of the Library to nil Clergy of the SihIu. Carried. The amendment of Mr. Finck, as amended by Mr. Gillett, wnatheii cnrrieil yens 21, navs II. Mr. Burnett moved to rider to the Library Commit tee. Mr. Peppard anid he hoped Senators would vote for tho reference, if for no other reason, to save them selves from the ridiculous posiiion of sitting here ami calling the yeas and nays. If they were determined to do no business, let them adjourn like men. 1 he reterenco was made. Mr. Rich, from tho committee to whom ws referred the College nnd University Corporation Bill, reported tne same pack with the amendment suggested by Mr. vainer. Mr. Finck opposed the amendment, as it restricted too tar the usefulness nt the bill. Mr, Pardee spoke in favor of ihe amendment. The n mend ment was agreed to. Mr. Atkinson moved a amendment, by way of ryder, similar tn that which was lost in the morning; which was carried) eaa 14, uuys 14, and the Chair in the alhrmative. fThis is the first rase of a vole from the President. this session. 1 The bill was then read a thttd time, when Mr. Finck snid ho would have been very happy to have voted lor such a bill as tins, but tin-amendments made to it com pel led him to vote against it. Mr. Monro ottered the following preamble and reso lotion. Mr. Wilson gave notice of a bill to divide the State into Congressional dtstricts. The Senate (hen adjourned. his own business, and not trouble himself with that of i others. That member belonged to a class who wrre very favorable to corporations, and numes, and seals, and his sudden opposition to them was unaccountable. Mr. Gest said that he should not consult tho gentle-man from Knox for a rule to guide him iu the disctiarge of hisduties; that all business before the House was us much his business us that of any body ebe : that he should express his views as he pleased and when he pleased, without consulting me goniieman irom iiiu. The bill was then committed to the committee nt the Whole. Mr. Le Blond, from the commiiteo on federal Rela tions, to whom wns referred a petition for universal suffrage, aud for the admission of colored children to common schools, reported that the constitution decided the first matter, and tho law permitting colore ! chil dren to reap the sole betieht ol taxes derived irom their own property was their equitable share of those funds. They therefore recommended (he petitioners have leave to withdraw their petition, and that the sommittee be excused from its further consideration. Agreed to. Report of Select Committee. Mr. Stone reported back tho bill to amend the act creating the Commercial Court in Cincinnati, with amendment, and recommended its engrossment. Agreed to. port than would bo necessary. The amendments of Mr. Gest merely excluded lawyers from the ollice, as it firevented them from following their usuul businesa, mt it excluded no other class of persons, us it left them nt liberty to follow their business. The discussion was continued by Messrs. Gest, Ward of Crawlord, McCall and Withrow. Mr. Damon withdrew his amendment. Mr. Houk supported Mr. GeHt'saiueudmeut, ns right in principle and conformable to legislation. Mr. Woller ottered to amend the amendment, by excluding a Probate Judge from acting as counsel in any case where mi administrator or guardian was a party, or iu which the interest of any ward, or the estate of any deceased person is involved; or in any case in which the Judge had original or concurrent jurtudic-lion. Loat, on division of the question. Tho original amendment of Mr. Gest was then agreed to. ivir. Morgan moved to amend ny conieriing on the Probate Court jorisdiciion over all criminal cases not presented by grand juries, nnd ihuuest over nil idiots and lunatics, and their property ; and have power to take depositions. Agreed to. Air. Fisher moved to amend the bill by providing that estates wherein the Probate Judge wns interested. should bo settled by the 1 'nth tit e Court of the nearest county, instead of the Court of Common Pleas. Mr. Means moved to atrike out the " nearest" m the above amendment, and insert " most dUtnnt." Withdrawn.Tho committee here rose, and reported progress. The House then adjourned. Mr. Cox spoke to correct Mr. Siierimm in culling the 1 Dayton and Western railroad a small atlair. Mr. Johnson spoke in oppesitiou to tie bill. He axked why it was that Ohio, with some six hundred miles n working rail, must conform to a State with not two hundred T He cited the fact that a great portion of tho stock in these projected ruilwnys were chiefly Wall street brokers. He showed iu a very strong light, the serious evils which have fallen upon the community by the management of speculators who avail themselves of these variation of gauges. He could not see why we roust abandon our gauge to suit a State not half way up to us in tht ae matters. Mr. Mungen spoke to set himself right. Hi' contended that the gauge of Indiana was the best established, and the Ohio the exception. Mr. Sherman moved to refer the bill to a select committee of three, which was curried. Mes.-rs. Pardee, Walkup and dishing were appointed said committee. This bill provides that any railroad company may adopt such gauge asihey may prefer, and of course repeals the law establishing a uniform gaugo in Ohio. Mr. Cashing, from the committee ou Fees and Salaries, reported bnck the bill fixing the salaries id' Judges, laid ou the table to tuke up tho bill fixing the terms of tho Court of Common Pleas, which tho Judiciary committee reported back with amendments; which was agreed to, when the bill passed. Mr. Cushiiig'a bill on salaries of Judges was taken op, when Mr. Wilson moved to refer it back to the committee on Fees and Salaries; which was curried, with instructions to consolidate ibis bill with that fixing thesaliiries of members. Senate then adjourned. Ma HOUSB OF REPRESENTATIVES. ii) o'clock, A. M, Pravor by Rev. Mr. Roberts. Bill introduced and rtnd M tint fi'mr. Br Mr. La throp. to authorize the Toledo plank road company to mortgage in roau. Report of Standing Committee. Nr. New burg, from the committee on itaitroads and iurnpikes, reporte back the bill to change the name of the Springfield aud Mansville Railroad Company, with an amendment striking nut the section giving the power to ex tend said mad, and recommended its engrossment. Mr. Doming moved its commitment to the committee of tho W hole. Mr. Colo said as the bill now stood It merely chanr- ed the name without eon (erring or taking away any corporate powers. He theretore hoped its passage wou'd not tie obstructed. Mr. Grit anid he should oppose the bill. The new constitution prohibited all special legislation for corporations, and this bill, by giving name and seal, gave life and vitality to the cortmratiou. He should oppose the bill, and vote fur a general law on this sub ject. Mr. Withrow thought this objection frivninoa and he hoped it maker would learn enough to attend to Weliielay,Fclriiary IN, 1V2. IN SENATE. 10 o'clock. A. M. Petition preienled.Uy Mr. Cox, from W. H. How-ells and 2o' other legal voters uf Preble county ; Jumes Martin and 38 other legal voters of snme county ; and from Mary Reed and 41! others, females over 14, of the same county, praying for the Maiuo law. t Petitions were presented by Various gentlemen, of more than one thousand persons, for Ihe Maine law. By Mr. Wilson, trom J. W. Welsh and 70 others, lor the creation of a school district iu London township, Seneca county. Referred to the committee on Common Schools, By Mr. Sherman, from Hon. R. Hitchcock and 35 others, for the enactment of a law for the suitable supervision for the public schools of the State. A so, from Henrietta Mathews and 28 other females of Lake county, and of L. Stock well and 10 other teachers of public schools, and 2b' othersof tho same county, for the same. By Mr. Mack, from James P. Henderson and 24 others, asking the repeal of Ihe uct entitled an uct to in corporate the town of Newville, in Richland county. Also, from Ambrose Baldwin nud 10 other citizens of Richland county, asking the Legislature to provide some suitable supervision fur the public schools of Ihe State. By Mr. Atkinson, from Wm. Woods and 91 other citizen of Carroll county, nking the repeal of the act authorizing tho construction uf the M.dvern Free Turnpike Company. Also, imra ft. s. i-ietctior ana others, uponiiie same subject. Also, the remonstrance of James Baxter and l(i oth- r citizens of Carroll county, remonstrating against the peal ol the act authorizing tho construction ol too nivern tree 1 urnpike Uompany. Also, the remonstrance of T. J. Cannon and 48 oth ers, upon the sumo subject. orAlso, ihe reuiouslrincn of Nalhuu Porter and fiG oth ers, upon the same subject. Said petitions and remonstrances were ret erred In the committee on Roads and Highways. Uy Mr. Mchiimey, trom John II. horester and i;t4 her citizens ol ' JetWaon county, pruving for a re- aion of the school laws. Also, from Thomas Blacklago nnd (it! other citizens T Jellerson and Columbiana c unities, lor a S'nte road rom Steiibenvillu to Highlandlown. Ihe committee on the Judiciary, lo whom was re ferred Mr. McKinney's bill for special terms of courts. ported Hie same, back with no endmeuis, winch was ml a third time and passed. Mr. Riddle, Irom the Judiciary committee, reported tack the bill for organizing courts of justice, concur- nglu all Inn amendment nt tho Mouse except the tilth. The amendment excepted to by ihe committee, involved Ihe right of appeal to district courts, which in House had refused. They recommouded that ihe provision be retained. 1 he amendment, in nu amen- ed term, was agreed to. Mr. W alkup a bill relating to railroad gunge, was read a third time. Amotion was mado tn refer the bill, when finite a risk discussion sprung up, Messrs, Walkup, Kilbourn, Mungen anil Uox, opposing the relereuee, unit .Messrs, 'eppaid, Hex and Juhusou supporting it. 1 lie refer ence was lost. The question then turned on the passage of the bill. Mr. Finck addressed tho Senate in opposiiion lu the in, pointing out the great disadvantages ot a diversity gauges iu this Mate. Mr. Kilbourn thought the very dilliculttes feared by Air. muck, would he avoided by this lull. Mr. Kiddle moved to reconsider the vote on recom lilting, which was curried. oeiittlotnok a recess. 3 o'clock, P, M. 1 he question endilig at the recess, Was 111" motion to Commit the bill on Railroad Gauges to the commit tee on Corporations, was tuki-u u, . The reference wns p st. The question then being on the passngn of the bill. Mr. Sherman said he had no hosiihiy to tho passage of the bill. But there appeared lo linn to be nu argu ment against it wiih li was insurmountable. 1 bo qi ion to ask here is, is it sucn a policy aside Mate uugiit lo ndopt 1 To him it seemed lhat the passage of this bill would build up a power that will bo dangerous to the weltare ol the State, lie was surprised to see Democratic Senators all at once become so great lovers I corporation. Ho went on to sliow tlie set loos dis advantages to Ohio in a variety ol gauges. He said we were but on ihe threshold ol the great work ot railroad making; and we should now avoid a measure which would puss the destinies of Uiut great interest into the hands ol a few corpnruli ra. Mr. Kilbourn said, ihedilhcul'y npprehended by the opponent of this bill, was trans-shipment, l hat we must sutler at any rate. If we do nut reship at one point, we must do so at another. It hud beep said thit tinglnnd hud u tiered trom a variety ol gauges, luiltl case was dith-retit. r.uglaiiu was one Mate, ntul could legislate lor the whole country, while we could inn. If we could legislnto for the whole country he would be acaiiMt the bill, Mr. raniee opposed ine inn on tne ground thai uni formity of gnngea would not secure trade nguinst re-shipment. He remarked that it wns for the iuierest ol Railroads lo accommodate ihe public ns hir a possible, As it is, there are rom Is established and gauges fixed in Indiana, and a reslnpmenl must take place somewnere; nnd the question now is. shall it take place nt the Slate I- .- .i... a.-., .f i .u;.i il. ...... ..... .1. linn, or 111 III" OWio Ol "imi i iid mi- PW umiit. could not m nk o money unless they accommodated the people ; and he thought wo could not do potter man u envn lliem iree. Mr. Ferguson said he pro leased to be a Democrat, and was as ready to restrict corporation as any oilier democrat. He would vole for tins bill, because it would establish equality among theso corporations. He fur ther presented the advantages oi n general, uuiiorm gauge all over the country, in support ol the bill, ex pecting that would no auopieu n uiu inojeci was ie tree. Mr. Cox said he hnd not heard any thing to induce him tn change the first position he took. He said ho had been some time in the railroad business, hav been a railroad director for four years. He thought refusal to grunt this privilege would direct the business of Indiana from Ohm to other point) and business that would come to Cincinnati in the ordinary course of trade, would no mrceu to Louisville. Mr. Sherman did not know how to understand hi friend from Medina, He did not see any thing in HOUSE OF REPRESENTATIVES. 10 o'clock, A. M. Prayer by Rev. Mr. Roberts. Petition pretcrited.liy Mr. Bushnell.nf RobertCotin and 20 other citizens of Munlie.ld and vicinity, pray-for a revision and collation of tho school laws. Also, of H Clay Smith aud 20 other citizens uf Richland county, on the same subject. Also, of Michael Slump, John Charles and 30 other citizens of K'chluhd county, on the same subject. By Mr. Casud, of John S. Johnson and 22 others, remonstrating against tho enlargement of tho Indian Lake for a reservoir. Also, of Jacob T. Caples and GC, others, asking lhat the faculty and students of the medical department of the Meincai Hospital, ot uinounaii, muy enjoy the same privileges with other colleges. By Mr. Foulko, the remonstraiiceof the commissioners and oilier sioi li holders ot the Zauesville and Mays-ville road, against ihe repeal of the law for the sale of said road. By Mr. Hughes, of John Watson and 50 others. praying the passage of a law authorizing the loan of the arms of the State to Louis Kossuth, rightful Governor of Hungary. By Mr. Plumb, of W. L. Jennings mid others, asking a revision of ihe School Laws. By Mr. Ward, of Crawford, throe petitions signed by KM citizens of Crawford county, remonstrating against the passage oi the ao called Liquor law, and lor tin reiM'al nt all law restraining ihe sule thereof. By Mr. Fisher, of John Rouse and 17 other citizens of London, Madison county, for a Revision and Colla tion ol the (School laws ot this State, f 11(12 petitioners for the Miine liquor law.l Mr. Ward, f Warren, rose to a question of privil- eges. He would never trouble the House with any remarks mude out the House respecting his conduct. He hnd been appointed on the committee on Ihe Morgan nnd Noble county caso. He receive no notice of the first meeting of the committee till loo late to lake any part in its discussion. He attended (he second meeting, but only a single remark did he then bear about tlie right ot Mr. Holbrook to a neat. He left the , city with au understanding that no decision should be made on the Morgan county case till the Noblecounty case was decided, and that Ihe Noble county case should not be decided till hi return. He was there-tore surprised on tii return to hear that the Morgan county case was decided. Ho wished therefore an opportunity at some future lime, to esk the privilege i of informing the House whether ho coincided with tho majority of the committee or not. He did not wish it taken for granted that he should decide a particular way, because he belonged to a particular party. Mr. O'Neill defended the action of the majority of the committee at some Jetigth. ihey had a peilect right to meet as they did, and make up their report. Mr. Ward was absent, and Mr. Van Vorhes' opinion was known. There must be some ulterior object iu bus introducing this matter Tlie minority might do is they please, present a minority report, and enter a pro'est on the journal. Mr. Ward denied any ulterior object. He reiterated his former statement, aud repeated that he had imputed no improper motives to Ihe majority. It was distinctly understood by him lhat no report on the Noble coutiiy caso was to be made till his return. He saw, trom the newspapers, when Mr. Welter a motion cal ling for a report on the Morgan county case was iutro- luced, that the committee stated ihey were not ready i report, and lhat it was adimrnitcnse; and he there- ire supposed it would be delayed till his return. He lid not wish to say that the committee had decided wrong, but that they had not given him an opportunity to examine tho case as tie nan a right to, as one ol tli committee. As to heing absent, Mr. W. snid, it must be remembered that Mr. O'Neill was absent himself severaldnys. and tne committee had to await in return, and that he d no right now to complain of the absence of others. Mr. Mi-utisan'd his recollections were tho same as Mr. O'.Noill's. He hail tienrd Mr. Van Vorhes say on tho lloor, when the committee was first appointed, that if the committee decided against Mr. Parish, Mr. Holbrook would consider it adecisiou agaiust himself, ami on that ground he moved the committee be appointed. Mr. iiughe corroborated the stalementot Mr. O' Neill, lie did not understand Unit any promise was mado that no report should be made till Mr. Ward's return. Mr. W urd might have so understood the mutter, but he did not. Mr. Houk rose tn a question of privilege. Ho said that there wa perhaps no more appropriate time lhau thu i re sent to call the attention of the House to a matter which concerned, to sumo extent, every member pon me poor. My attention, snid Mr. H , has been called to a com' muuication which was published in the Ohio State journal, i,i yesterday morning, and which purjHirtsto he from a member uf this House, a i manifest from the following laugunge: " However," says the writer. " I must make nn exception to this general rule injus tice to myiet and Jetiow member ol the llmiso j" the letter is also iiatud " Hall llousk tiv. pkkhentativis. This communication is made up of a number of un warrantable charges which 1 shall not now stop to no nce; mere noar, however, to which 1 wish to call in attention of the House In a few words. That any member should be guilty of the unmanly and cowardly act of slabbing, under an anonymous sig nature, nny couimitieo of this House against whom he lared not make charges in his place, or even over hi iwn proper name, fearing their instant and succenfX refutation, and hi own shame, i an act sufficiently humiliating to cover with contusion any on who has in unmernetj nouor oi iMTUpving a seat on this floor. With reference to the Judiciury committee, he uses ie following language: 11 1 will refer to another fact in this connection. At an early period of tho session, two efforts were made to extend the number composing tho Judiciary committee, in order that hills might be mere ranidlv inulured. and Ihe necessary Uws passed, 'to meet the require. iiiriiia oi inn new consiniltion, Dill lite motiou did not preyai1 they wero voted down by an imbecile, yet ni-" p.iiniiitu uiniuriiv, won now uuuin io a now at d Huckleberry," in yesterday's Journal, was written by a member of the House, and if so, by whom Adopted. Mr. Davidson ottered a resolution prohibiting any lobby member fiont entering within Ihe bur of the House, and lobbying more than four weeks on the same bill. Out of order, previous notice not being given. Mr. Davidson then gave- a notice that he would offer it to-morrow. Mr. Cornwell ottered the following : Whkheas, the business of this House is frequency emhurrasswl and delayed, in consequence of members leaving their seats, and, otter an absence nt sevcrul duys, returning and requiring thij House to post them up on business. Therefore, Resolved, That when it becomes necessary for gentlemen to leave their seats, they be required to employ a private secretary lonttend the silling of the House and keep them informed of the progress of business. Out of order. Mr. Doming ottered u resolution requiring of the Librarian to repoit why he did not comply with the resolution granting tho use of the Library to thu clergymen ofliciutihg in the House. Adopted. Mr. Croxton moved to take up tho resolution instructing our Senators, &c, in Congress to vote fur a bill granting land to actual settlers. Lost. The House then went into committee of the whole on the Probate bill, Mr. Smith, ol Stark, in the Chair. Mr. fisher s amendment ottered yesterday was lost. Sevend other slight amendments wero made, when the committee rose and reported the bill hack to the House, and the bill was ro committed to the Judiciary committee, to arrange the amend men is and report back to-morrow morning. Mr. Allen, from the committee ou Universities and Colleges, reported back the bill to enable the Trustees of Academies, Colleges, Universities, tfcc, lo become bodies corporate, wiiti several amendments. Laid on the table lo be printed. Mr. Littlo offered a restitution for the appointment of a Joint standing committee to compare the enrolled with the engrossed bills, and correct any errors. Adopted. Mr. Gest moved to take pp the bill providing for (tie appointment ot commissioner, to revise ami ubridge the form of legal proceedings. The question pending was the amendment of Mr. Wilhrow, to strike out $2000 a year, aud insert $.r per day. Mr. Cole advocated tho diminution of the salarv. The office was for a limited period, the occupant would not have lo forsake his regular business for along lime. Again, he did not want tlie salary so high as to induce tho occupant to lengthen out the timo. Mr. Gest oppose the striking out. The shortness of the term wns an argument tor an increased, rattier than a decreased salary. It would require the best legal talent, and hard labor, to properly discharge the duties tit nits commission, tie should rather vote lor raising than diminitihing the compensation. Mr. Withrow advocated the resolution. The best legal talent could be obtained at that price, and hi; suiaries were nol contemplated by ihe constitution. Mr. Houk op)ued a reduction. No lawyer, who was adequate to the office, could leave bis home aud business, and pay his expenses in Columbus, without losing money. AL-ain, the inherence between tr WEDNESDAY MORNING, FEBRUARY 18, IMS, railroad charter that was inimical to democracy. Hi went on to make a general replication to Ihe speakers on the other side, and in opposition to Ihe bill, nnd dwelt upon tho great incouvc uietice already sn tiered by the people ot unin, irom various gauges, lie en larged upon the fact that we could not procure recin roc ntinti in this matter, and if oilier Slates would not accommodate ns, as was the case with Pennsylvan If Indians wanted a uniform gauge let them adopt the Ohio gauge, and not expert the third State in the Union to come down to meet those who are behind us inimprovement. Mr. Mungen objected to the bill, because he thought it would sunservethe general interest altogether uelti to leave railroad? free to choose their own Ranges. It had tieen said ttiat it was not Democratic to aupnrt mis inn. At home he was called an ultra Locolnco. He did not know how lhat was. but he endeavored carry out these principles! and to do so he must vote iur me uiu. Mr. Ferguson followed in support of the bill, uonars a day ami juuu per year was but a trilling sum. Tho Joss caused by delay in not having the commissioners appointed, would be greater than that proposed ny the amendment. Mr. Fistier favored a reduction. He believed that competent persons could be obtained at four dollars per day. Our Common Pleas Judges atid Supreme judges had always served for less than lour dollars per day, and they, or others a good, would be obtained lor that price. Mr. Rush said the question ought to be, who would discharge this duty ihe best, not who would do it the cheapest. Lawyers in fair standing were making from two to five thousand dollars per year. A price about equal must be given to secure the same talent on this commission. Again, economy demanded that the best talent should bo secured on this commission, nnd in that CBse it would be soonest finished. Mr. Ramnse moved to amend ihe amendment by sinking out the word five nnd insert four, so that the Commissioners should receive but four dollars a day. This amendment was supported by Messrs, Plumb, Croxlou and otlu-rs, and was agreed to yeas G3, nays i. The question was then taken on striking out &2000. and carried yea 71, nays lf. 1 he question was next taken on inserting " four dol lars per day," and carried yeas 51. nays 27. Mr. IJainou moved to stride out Nov. 1st, as the time for the final report of the commissioners, and insert Dec, 1st. Lost. Mr. O'Neill moved to nmeud so as to require a final report by the 1st of May next. Mr. weiier moved to strikeout the first ofMav. and insert four and a half days after the passage of this bill. Lost. Mr. O'Neill supported theameiidment, and Mr. Houk nnd Mr. C a sad opposed it; audit was lost yeas It!, unys oi. A motion to adjourn was lout. Mr. Hutchins mov-d to striko out the fourth section. This is tlie section fixing the rate of compensation if the commissioners. Mr. Hutchins said he was a triend uf tlie new consti tution, and voted for it ; as there was a diU'erenco of opinion ou this subject, he proposed to strike this sec tion out, ami leave the matter lor future Legislature!). i ne motion was lost. The bill was then read a third time, aud the ques tion being ou its final passage, A cull of the House was had, and 76 members were found preseut. Ihe Sergeaut-at-Arms was dispatched alter Ihe ab sentees. The door was then ordered to he closed, nnd the ab sent members required to give their excuse when they came in. Mr. Morgan moved the House adjourn. Mr. Bishop raised a question of order.' during the ponding of a call, it was not iu order to move au ad journment,' 1 he Speaker decided the motion to adjourn in order. Mr. Bishop appealed from the decision of the Spoak- The motion to adjourn was tuken and tost yens l!, nays M. ( 1 lie Speaker announced Messrs. Hard. Moreun and Hughes as die House members of the joint committee for the investigation of ihe charges against the Superintendent uf the Lunatic Asylum.) i he Sergeaut-ai.Arma retiorird Ihe number ot absen tees, who rendered such excuses ns their buicy sug gesieu. 1 lie question was (hen taken on the passage of tin bill, and resulted yeas ti'J, pays 23. So the bill was passed, l he House then adjourned. Mr. Rush, iu the debate on tho probate bill, in y terday's paper, instead of saying ihe ollice of judge mutt he filled by lawyers, said they were very pnqer prraoua to mi uiui ouiee.j LEGISLATUBE. The principal subject of interest in the Senate yes terday was the debate on the House resolution in favor of the proposed new canal around the fulls at Louisville, Kentucky. The proposition is, for Government to make Appropriations to construct this work, and to make it a free canul. Tho debate involved the propriety of the Government purchasing the stock of the present Louisville and Portland canal. There was a diversity of opinion on this subject. It was thought if the present canul was to be bought, that the stockholders would gouge the Government outrageously in the price, all of which would very probably be true. An amendment was adopted, declaring that if it was purchased, the Government should not pay more than par for ihe stock. In the afternoon the Senate discussed the bills fixing the salaries ofjudges, members of the Legislature, &e,, in committee of ijio Whole. They struck out four dollars per day for members, aud inserted five. The bills were then recommitted to the committee on Fees and Salaries. There were some singular movements in tlie House. Mr. Pahuish sent a communication to tho Speaker, which was read to the House, wherein he resigned his claims to a sent as Representative from Noble county. He did not yield his convictions that Noble county was entitled to representation, but said that the discussion of tho subject would take up so much of tlie time of tho House that he would withdraw hi claim. There are some surmises as to tho detign of this movement, which we forbear to mention till future developments shall show their truth or falsity. The Morgan contested case was then rep rled by the chairman of the select committee, Mr. O'Niili-, accompanied by resolutions declaring that Mr. Hot.-aitooK was not duly elected, and that Mr. fixswicxwa duly elected a Representative from Morgan county. Mr. Van Vorhes arose and stated that be was one of this select committee to report upon this case, that he had never been notified of any meeting of the committee, and hud uo know led go that any action had been taken in the premises. He moved to lay the report on the table ttiat the matter might be examined. The House refuted, and then, without further action, voted through the resolutions, and gave Mr. Beswick the seat. We shall give some facts iu the history of this case soon. We regard tlie action of this special committee as one of the most extraordinary on record. Who ever heard of a special committee, appointed to examine so grave and important a question as tlie right of a county to choose its own Representative, that should presume to decide and report, reverting the decition of the county autkoritie, without even so much as calling a meeting of tho committee, or of consulting upon the subject for a moment I We say this is a strange, an unheard, of proceeding. No matter what may have been the ultimate decision, common fairness and a decent re spect for the rights of others, required that at least a consultation of the committee should have been had. These tilings will be remembered at a future day. We trust the timo for a "coup d'etat'1 bas not yet como. If it has, we shall see how American freemen will act. The House spent the afternoon in debating amendments to the bill prescribing the powers and duties of the courts and judges. The proposed amendments finally attached such provisions to them as to force the friends thereof to vote against the principal one. The bill, as amended, finally passed again, and must go to the Senate for their concurrence in the amendments. In the Senate, on Tuesday, ttie proposition to make the trustees aud directors uf colleges and literary institutions individually liable occupied the most of the forenoon. It was finally voted down. The afternoon, was spent in discussing the subject of free tickets lo the State Library. The reports will throw all ihe light there it on this subject. In tlie House the day has mostly been spent iu committee of the Whole on the Probate bill. Several important amendments were made. One of the must practical value to Probate Judges is prohibiting them from practicing as lawyers in any court in Ohio. The decided vote by which this was carried, after full debate, is indicative of the way it will stand in tho bill. Ano ther amendment, giving the Judges jurisdiction in criminal cases not indictable by tlie Grand Jury, &c. is ot importance. Wcilnetday. The various " questions of privilege " in the House to-day will be read with interest. The stale menis of Mr. Ward, of Warren, gave a history uf the Select Committee on tho contested cases that fully sus tained lhat partot Mr. Van Vorhes' remarks relating to the first meeting of said committee. We think it is now evident to all that a portion of tho committee acted hastily, and cannot be justified In deciding so im mrlant a question without calling a meeting thereof. We trust it will be a long time before we shall see this experiment repeated. The new constitution must fare better than thu, in the hands of lis friends, or it will loso caste, even with those who voted for it. Mr. Hour, it seems, does not like the insinuation of " Huckleberry," that tlie Supreme Court Judges were called in to help the Judiciary Committee make a re port. Wo know nothing of this, but we beard mem bers stato that consultations had been hnd with the Judges, We don't know of any thing crimiunl in this, even if (rue. The debate in the Senate on the railroad gauge bill occupied the most of the day, aud will be read with some interest. The amendments to the bill fixing the time for hoUing thu Common PlrasCourts were agreed to in tho Senate, and the bill was passed and sent to the House for Its concurrence. The bill to appoint Commissioners to revise the practice of ihe Statu was finally passed in the House, after striking out tho $2000, aud inserting $4 per day as the pay for the Commissioners. There was a lime iu getting in the absentees on a call of tlie House, and much fun was created in hearing their excuses. Many of thorn were dragged from their half-eaten suppers. At seven o'clock the members were all got in, when the bill passed, the doors were opened aud the House adjourned. 1 ttie necessity, and are rccnivinif and uuisiihi ' iiid and comfort.'" At ihe end of the communication there is annended the following note, to which the asterisk refers t "Mt It enrrrntlv rnmnred.aB It tiu triUii Hmiitf .m Ihe flour ol the llmisf, that tha Jutlirtary ci.mniimr have been uuuMH ui-u i,i can mo memnrrs oi urn Supreme tinned to ttai alii, lo limning and maturing letlilatlTfl business." It Is not necessary for me toexolain Ihe nature of mo nisiiMiiiMon. it is suiticient tor me to say.thnt it would justify denunciation for its M-ity, it it did not :iro sucn supreme contempt lor its petty ntnligntiy. iei ine gent email m Who matte it. ll tndrniUou memner ot tho House, arise now in fits seal, am noiinco himself, covered na tie will he. with blush shame, il he is not lost to all such feeling, and mnki good his charge, and iusttlv his motives: or if In wisnes rattier to remain concea ed. let In in then con linue to protect his small proportions, in the diminutive iiimeusion oi mat signature which, wnn an nppropn ate and characteristic litth m ss, he hss seen pioper to adopt, to-wii : a iiucki.khchrt." Bill read a third time. To amend ihe act creating th Commercial Court of Cincinnati. Passed yeas 7(1, navs 0. I BUI introduced Bv Mr. Cornwell. for Ihe regula tion of dogs ami the protection of sheep. The Speaker appointed ihe following as committee on Apportionment: Messrs. Poland, Okey, Shellabar-ger, Hush, Ward uf Crawlord, Wilson ami Fentier. Report of Select Committee. Mr. Haley n porieu a bill amending an act for the appointment of Commissioners of Sewers in certain comities. Mr, Cheriiigtou reported a bill to repeal an act for the drainage uf a pond in Gallia county. Senate resolution calling on the la'to Acting Commissioners of the Canal Fund to report tn whom and on what terms certain loans had been made by thu late Auditor, ot the Surplus Revenue, was read. Mr. Gest moved its reference lo the Finance Com mittee. He said a call on the late Commisiouer could not be enforced, aud he wished a committee of Investigation appointed to thoroughly investigate the mat ter, uarrted vena ol. navs 'JU. Senate amendments to the House resolutions respecting a Canal on the Indiana side uf the Louisville Fulls, were read. Mr. Gest moved the first amendment, restricting tho General Government from paying more than par value lor the stock tn the uld canal, be disagreed to. Lost, and the amendment airreed tit. The other amendments agreed to. The House ttieu took a recess. 2 o'clock, P. AT. Mr. Weller ottered a resolution to appoint a committee of three lo examine whether an article signed THE B0KAPARTE8 NOT DEAD YET. The Cincinnati Enquirer relate the following signi ficant event. It shows the ttue iionapahtk pluck crop piiig out, after fifty years' repose. But will Franc submit f Thai is tho ques'iuu. The last decree of tho Prefect of the police nf Pari", declares printing presses to ho "danoerou machines ." and prohibits their sale without giving immediate no- ii p in urn lyimBimiiireui puncuoi ine residence tn me purchaser. A deputation, consisting of some of the prim in editors of the modem tn press, were received bv the President of the Republic inn private interview, which they had requested for the purpose of representing the grievances to which they were exposed by the rigor ous censorship under which the newspapers havo been placed since the revolution of the 2d of December. The gentleman who headed the depuiution sp.ke for fully half an hour, and concluded in speech by expressing a hope that the President would give some moderate latitude to the pa era lo comment open passing events. Louis Napoleon listened with great com-poaure and patience( but his only answer wns the following : Gentlemen, the press In alreadyde-lroy-ed twodynnsiies; I nmy fall like the others; but I shall take care that it shall not he by the press; " nud with this he bowed them out. Yon Baihis not Mt Bahiks. About thirty-five years ago there resided in (he town of Heborn a cer tain Dr. T., who been me very much eiifittioretl of a beaut 1 tut young lady in ihe snme town. Indue course of lime they were engaged to be mnrried The doctor was a strong and decided Presbyterian, and his lady love- as atrong nnd derided a Bipiit. They were Bitting together one evening, talking of their aptiroactiing ii'iptinla. when 'he Dr. rotnnrked ' I am thinking, my fear, ol two events which I shall number among the happiest of my life 'And pray, what mav ihev be. ur. r inquired the lady. 'One is the hour whn 1 shall call you my wife, for the first time.' ' And the other, if yon ph ase 1 ' ' It is when we shall pre-ent our first burn for baptism.' What, sprinkled 1' 'Y'S, my dear, sprinkled.' Never shall a child of mine be sprinkled.' ' Everv child ot mine shall be sprinkled.' Ihey shall be, ha!" 'les, my love.' 'Well, sir, I can tell you then, lhat vonr babies won't be my babies, oo, goon mem, sir.- i no istiy icit the Mom, and the Dr. left the holts". The senile I tn this true story was, lhat the Dr. never got married, and the lady is an old mam. Shootino Affair, at Fairview. (tn Saturday last Robert Payne wan shot at M;ij. Bmdahaw's hotel, at the east end or inn town ol tail view. Ihe circum stances, it we are correctly informed, are these t Payne, who is generally represented as an abandoned ' character, o -died in the evening nnd aked fr liquor, and was refused by Brndshaw. He then tried to force the bar. when tho proprietor discharged a pistol ai hini, the shot taking etlect ill Payne's neck. Whether he i fatally wounded or not, wo have not definitely learned. Payne was np before the common plea court of this county, during the past year, nu a charge of shooting at a colored man of Fairview, but acquitted for want ot proof, Oucmtey Timet. OUS " QUESTION OF PRIVILEGE," We rise to a question of privilege. We find in the reported proceedings of the Senate as published in the Ohio Statetman, the following: " Mr. Vattier rose to a question, not exactly of privilege, but of importance to the people, as well as to Senators. It was in relation to the telegraphic reports sent to ttie Cincinnati papers, greatly misrepresenting the proceeding of tlie Legislature and also to a card in tlm Jomnnl in relation to petitions, &o. He had presented one yesterday, and it had not appealed in any of the papers. But in relation to the telegraphic reporta, he hoped whoever furnished them, would not misrepresent hereafter." Now, we wore not present iu tho Senate when these remarks purport to huvo been made, and do not know whether I ho Senator is correctly reported or not. If Mr. Vatt ikr intends to say lhat the proceedings of the Legislature aro ' greatly misrepresented," in the telegraph reports in ttie Cincinnati papers, then we take it upon us to any that he is much mure " greatly" mistaken. We defy him, or any body else, to sustain the declaration by facts. That mistakes will sometimes arise wa all know. In the great condensation necessary to make out a telegraphic despatch, and the haste with which it must be done, it sometimes happens that the wrong idea may bo conveyed. This is incident to the business. Every man who has received despatches knows, lhat tho officers sometimes send of a message very tl die rent from its original lorm. If Mr. Vattikr intends to convey the Impression that the despatches sent to Cincinnati are " misrepresented " intentionally, and with a design to place the proceedings of Die Legislature in an untrue, improper light, then wo insist that he is guilty of using his official position for the purpose of promulgating a willful laisei.ooa. e Anew it Is false, and we know thst the evidence does not exist that will convey the idestosuy n'"' n" i'K it any thing else than false. It is not pleasant or desirable to refer to these tier. sonnl matters, but we wish to tiave others understand that ve have rights a well a they, and that we shsll not permit such attacks upon us to go unnoticed and nnrehoked. Members may rise in iheir places, and abuse us, if their taste is inclined that way, but im too huve an audience, nnd shall moat certainly reply. We do not know Mr. Vattikr (tersonally, and trust he will , disavow what is inferable from his reported language. II he does men we are a never. If ho doesnot, well. We have hnd our question uf privilege. Eski.mh Minmtxr. It is announced officially, by Ihe National Intelligencer, lhat Hon. John F. Crampton has been appointed Envoy Extraordiuarv am) Minister Plenipotentiary irom Great Britain in place of Sir II. L. Bulwer. Mr. Crampton is an Irishman. The Priies in the American Art Union, New York are to be drawn on the 30th uf March.
Object Description
Title | Ohio State journal (Columbus, Ohio : 1849 : Weekly), 1852-02-24 |
Place |
Columbus (Ohio) Franklin County (Ohio) |
Date of Original | 1852-02-24 |
Searchable Date | 1852-02-24 |
Submitting Institution | Ohio History Connection |
Rights | Online access is provided for research purposes only. For rights and reproduction requests or more information, go to http://www.ohiohistory.org/images/information |
Type | Text |
Format | newspapers |
LCCN | sn85025898 |
Reel Number | 00000000024 |
Description
Title | Ohio State journal (Columbus, Ohio : 1849 : Weekly), 1852-02-24 page 1 |
Place |
Columbus (Ohio) Franklin County (Ohio) |
Searchable Date | 1852-02-24 |
Submitting Institution | Ohio History Connection |
Type | Text |
File Size | 3753.09KB |
Full Text | VOLUME XLII. COLUMBUS, OHIO, TUESDAY, FEBRUARY 24, 1852. NUMBER 2G. PUBLIHHKD EVKRY TUESDAY HORNING 11V HCJOTT c UAHf'O.lI. OFFICE JOUSNA1. BUILDINGS, HIOH AND PEARL BTRIKTS. COUNTING BOOM ON PEARL STREET. TKRMH Invnrliibly Id advance. Vekly uorannutn Id Columbus 9 U 00 Uutot the city t by nmuiuule ISO '1'ouhtbsof fuuraud upwards 1 2i! Tot nibs of ten and upwards, to one address 1 01) Dady, session S 00 TrX-Weekly, do X 0 Weekly do., single 80 The Journal U alio published Dally anil Tri-Weekly during the year; Daily ptjranuum, by mall. S; Tri- Weekly, S3. Ilntm of Advertising Weekly Paper. Onesquitre, lOltni orloss, one insertion 0 30 " " eacbudditloual " 0 iiA " " " 1 month 1 50 " a " 2 25 " ' 3 " 3 f0 " 6 " S 0 ' " " la " 8 ' " chanseablemonthly per annum 20 (Mt weekly " ail 0 Htandingcard,onflaqiiRrn(ir!tu, " 8 00 coliimn,chnffHlileurtcrly," " 35 00 M, an oo 1 " ' ' 100 00 Other cases not provided for.chargnablofn conformity with the above rates. All leaded advertisements to ho charged not less than double the above rates, and measured as II snlid. Advertisement un tlteinsideexeliinlvely.tobncharBodatthe rai of 50 per eent. In advance on the above rates. OHIO LEGISLATURE. Monday, February Iff, 1853. I IN 8ENATK. I 10 o'clock, A. M. A. large number of petitions, were presented, most on the temperance question, which wu huvp lo omit. Mr. Rice, from I lie standing committee on Comuion ! Schools, rejmrted on the petition of the trustees and , visitors of schools (if the city of Cincinnati, by a hill lo ! provide for the proper organization of the common school? iu Cincinnati; which wusread the first time. The Board ol I'uhlic Woik'e hill was referred to Mr. Atkinson, as a committee of one. The House Ki-soltitious, respecting a Canal at the j Fulls of Ohio, was rend ; whi'ii Mr. Vattier supported the resolutions, showing that I the CRtinl now in uxo was insufficient to accommodate the commerce of the river, uid tlie impossibility ot re- j pairing the present, which would soon be useless for navigation. Me rend trom the report of Col, Long, in support of hii position, and describing the character of tho contemplated work. Mr. Covey moved a proviso that nothing should he construed so as to sanction the purchase by the United States Government of the stuck of the Louisville and I'ortland cuniil. Mr. Vatiiur opposed, as he thought the Government ought to own hoih canals that they should be Iree. The amendment was lost. A motion to lay nn the table was tost. Mr. Vattier moved to amend, by the appointment of a joint committee to proceed In Washington, and lay the subject before Congress. Mr. I'lirdee said ho was not in favor of sending a committee, to Wellington, Mr. Finck did not think we ought to send n committee to Congress, though he wished to see the resolutions adopted. Mr. Vattier explained that he had offered the resolution at the rt quest of n gentleman of the Houio. The amendment was lost. Mr. Covey said he would like to support the resolution, hut he could not do so without some expression against the purchase by the government ol the present canal. He dirt not do so because he was opposed to the principle of improving mers, but because he was opposed lo the expense ot buying the Kentucky canal. Mr. Pardee said if this proviso prevailed the resolution would be worth nothing; because such was the feeling on the Southern side of the river, that a free canal ratmot he made in a tree Htale without Southern opposition t and such a hubbub would be raised nn such a proportion, that the government would fuel bound to abandon the work to save the Union. Mr. Finck had no fears that the construction of the improvement contemplated by the resolutions would involve the serious and alarming question of the dissolution of tlie Union, He had no such fears. Mr. Wilson supported the resolution. The delays and difficulties iu passing these falls, are diverting a large amount of commerce from the river, by promoting the construction of railways in competiiion t herewith.Mr. Wilson closed with nn amendment providing that nothing shall be paid fur the stock of the Ken tin ky cunol above tho cost of construction, which Mr. Covey moved to amend by saying the pur value of said stock, which Mr. WiUou accepted. Mr. Cashing said his constituents were deeply in'or-eated in this mnlter; hut he believed that they would be satisfied with what their llepreseiitatives in Congress would do. Hisconstituents hud freely paid high taxes to construct works of .improvement in tho interior of the State, and now he lisked for them, that something bo done to assist them in getting to market with their produce. He hoped theseresolulions would not ho clogged by any restrictions of thin kind. Mr. Covey strongly urged the necessity of making an expression ngu'mst n payment for stork at the rntea that would be demanded, declaring himself decidedly in favor of the improvement. H knew that the own ers id' tho Kentucky stock were shaping mailers with a view to secure n good round price out of Govern ment tor it. Mr. Vattier thought th-ro was no material difference between him and I he gentleman from Washington. Mr. V. said the United States now owned a la rye jwrtion id' this stock, and ho did not think theru was much danger to the government in tlie transact ion. The proviso wan then adopted. Senate took a recess. 3 o'clock: P. M. The resolutions relative to a canal around the Fa I If of Ohio were taken up. Mr. Mitogen said he hnd ascertained that seven eighths of the Louisville canal stock was owned by the United States, and he thought the resolutions ought It pass, as no dilliculty could arise. on this account. The resolution was then adopted yea 25, navs 2. l tie chair laid helore the Senate the report n tin-Auditor of Slate, as lo the printed blanks required in bis olh'ce, which was referred to the committee on Printing. Mr. McKiiiney on leave, introduced a bill to provide tor Holding special terms ot courts ol common pleas, which was read the first time. The constitutional rule was dupermed with, and the hill rem I a second time, and referred to the committee on Judiciary. Mr. Smith, cm leave, introduced a hill aupplemeiita ry to the charter of the town of Logan, in Hocking county, which was rend the lirai time. Mr. Atkinson from the select committee, to whom was referred the Hoard of Public Work's bill, reported back the same with two amendments, recommending me pasta go 01 ino same. The amendments were adopted. Mr. Williams moved to amend, by way of ryder, an as to limit tlie area of land nt any time appropriated by the board, to 1000 acres, which he supported, by snowing tne iiisu'ivuniugea ot constructing Hie content plated extension ol the Lewistowu reservoir in L county. Mr. Kilbourn objected, and cited the comparative advantages of the enlargement of the resei voir, over iuiishing it in its present shape. Mr. Williams said, lie found by looking over the re- port of the Hoard of Public Works, it was contem plated to enlarge the Lew i ton Iteservoir, in Logan county, and lhat the bill now under consideration, guve the Hoard a kind of unlimited power, by themselves or agents, o enter Upon and take possession, and use streams, latitts ami materials tor tlie construction ol locks, dams, reservoirs, Ike., without any restriction ai to tho number of acres, amount of materials, or any mug coinamcu in ine out in net us a saie-guaru lot private properly, only lhat the State in its great dig- health of the citizens, with mt any right to the indi vidua! as to whether he wishes to sell, net linn farm under cultivation, I am by no nieaus unwillin to give to the State all tho facilities that can reasonably be done. Hut I am opposed, as before stated, to give the State the power to euter upon, probably. 10.000 acres of land. This work , during tho Inst season, with an area of 1001) acres, kept the caual in operation ; and it does appear to mo that 2000 acres would iu all conscience be sufficient, and not thus trample on the rights of private persons and private property, Mr. Kilbourn rejoined and said that the lands proposed to be covered by tho extension was chielly swamp lands ami Indian lake, and could be constructed at much smaller cost than the original work. Mr. Walkup said he had lived long enough on the Miami Canal to know the necessity of enlarging this reservoir t and that he understood that all tho good land wai ulready covered in the original place. The ameiulmunt by way of ryder was lost. The bill was then read a third time and passed. Yeas 29. nays 1 Mr. Williams. The Senate went into committee of tho whole on the bill relating to the gugue of Railroad tracks. Mr. Walkup, on request of Mr. Williams, staled the hisiurv of the establishment of tho general gauge in use in other mates, and Unit called (tie Ohio gauge. The bill was passed in committee. Tho bill fixing the salaries of Judges was then taken up. Mr. Kich moved to strike out f J.ODO as the salaries of Supreme Judges, ami insert J 1.8(H). Mr. Pardee said he was opposed to striking nut this only. He was for striking out the whole bill. He was for fix mir all salaries iu one bill, sothatthev could be made to bear the proper relation to each other. H did not want lo dispose of ihrse things in detail t but he would like to put them all together ao that we can nave them rightly graduated. W Mr. Finrk aIfl lie rnillit not innnnu ll nuitlnmnn from Tuscarawas had made this motion from anything "ke a disposition to play the demaaoirae. nor could he not to hesitate to pay them suhrics at least compare- uin w j iu Hume ui umur oiaies. Mr. Kich said he madu his motion in good faith; hut ho thought the salary of the common pleas judges ought to be the same as the supreme, because the labors were as great, and tho same labor ought to have the same pay. Mr. Covey said he loo was for making both alike; but he would go fur bringing up the $1800 for the common pleas judge lo $-2000. besides lhat his position was a peculiar one. His Whig friends had charged him before the election with being thu advocate of high charges, and as he hud never denied it, and- the people hud elected him, he therefore took it that it was his duty to advocate good salaries. Apart from I hi, he was for giving a fair compensation to our judgui. Mr. Cox supported the $2000. He was forgiving fair and liberal salaries in all these cases. Mr. Alkiuson sutd he should vote to strike out, and then vote lor $1,800. He admitted that these salaries Imtl been too low, but these high rates were, he believed, nhovo what his constituents would bear. He spoko ol the per diem of members, and said he did not expect or intend to vole for bimttelf more than the old rales per dim. Mr. Hill moved to strike out $1,800 as the salary of common pleas iudpes. and insert $2,000: which was lost. Tho bill was then pnssed in the committee. The bill tiling the fees and salaries of members. lerkn, door-kcuiis and their assistants, was their taken Mr Atkinson moved to strike oat from the section on mileage the "nearest public conveyance," and in- rt the most direct route." Lost. Mr. Pardee moved to strike out $ I from tho vcr diem. u tin insert g-ii. Mr. P. sunnorlrd his motion with a verv hold and independent argument. Mr. Aluiif.reu said he was willing to go a figure that wouiu luae nun nomo wiinoui neluc in (lent. Mr. Ferguson said he was lor striking out : but it oulil be to fill with less than $4 instead of more. He said he agreed with Mr. Pardee lhat the constitution nd not lorind the payment ot postace on documents. itid therefore, he could not bue upon this postace an mcieano 01 pay. I he resolution to strike nut prevailed. Mr. Ferguson moved to fill the blank with $3. Mr. Pardee moved to fill with $,"i, which carried. The committee then rose. Tho bill on railwiiy pauces was referred to the com mittee on Railways and Turnpikes. i lit inits fixing the suiaries ot judges and members if the LegilHttire, &c, were referred tothecommittoe n pens and Sabines. Adjourned. 'ourt ia Bunk shall be trasnferred to the present court, and be under their control." Agreed to. Mr. Rumaee moved to amend so as to give district judges power to grant wriis in vacation. Agreed to. Mr. r other moved to strike out the 5th section, as amended by the action of the House this afteruoou. Lost yeas 13, nays 51. l he lull was then ogam passed yeas i3, nnya 14. Mr. Van Vorhes otl'ererl a resolution reouesting tho Governor to inform this House whether he has receiv- i a the resignation of Isaac Parish as member from No I hie county, ' Mr. Means moved to lay it on the table. Carried. Mr. Means offered a resolution, memoralizing tho cislaturo ot Virtmim. tor permission to construct n h rid go across the Ohio river at Steubeuville. Laid on he table to bo printed. Air. Darimm ottered a resolution cranting 1). Hoi- brook and Win, Heswick their costs in contesting their seala in this House. Referred to tho committee on trenchment. The House then adjourned. Tuesday, February 17,1832. IN SENATE. 10 o'clock. A. M. Mr. Van Btiskirk reported bock the bill reluiintr to mi I road gauges, with au amendment, which wns reed to, when the bill was ordered to be engrossed. The House bill to repeal the act supplementary to the act for Ihe protection of sheep, was read a second timo. Mr. Smith's bill to amend thu ch irter of the town of ogan, was referred to the committee on Municipal orporaitons. Ihe Senate bill relating totheorcmnzationot courts, won received back from the House with sundry amend ments. Mr. Riddle moved that the bill and amendments be referred to the .ludictnry committee i which wasugrefd 10. iippose any Senator on this floor would stoop ao low. "3 n"1 of no office which required talintof a higher ordn than thtta Judgwbjpi and he thought wt ought HOUSE OF REPRESENTATIVES. 10 o'clock, A. M. Prayer by Rev. Mr. Roberts. The Speaker presented a communication from Hon. aac Parrish, resigning all claims to a seat in Ihe House of Representatives, as member elect from Noble county. I Mr. Parrish savs he is convinced Ins right to a seat s so connected wiih other matters as to prevent its consideration and decision on its own merits, and that consequently (he time ot the House will be much oc cupied, and its business delayed, and theretore he reigns his seat. I he communication was read and laid on the table. Bill introduced. dly Mr. Bishop, to provide for the publication of an accurate and detailed statement of lie receips mid expenditures ol the public monies. JieporlioJ atandtnf? tommttfett. Mr. Cockenll, Irom ie committee on Corporations reported back the pe- liliou of -- Schrciner and 18 othersof Washington county, for a Benevolent Institution, and that separate acts for the incorporation of such institutions were nn constitutional, and that they must be provided tor by nerai laws. Agreed to. Mr. Dentins, from the Finance committee, reported back the tax bill, with several amendments, lit amendment being verbal, was agreed to; 2d amend ment tnxing United States and .State stocks being rend, Mr. She llahargor said this qiieailon was no new one, it had occupied much lime in the constitutional convention. It was ihere agreed that the State had no right to tax the United States stocks, but it was urged ui monies invested in sucn stocKS might be taxed, itch a distinction had been mud a once iu South Caro lina, nnd decided by the Supreme court as not a valid one. Similar decisions had been made in other cases. that tho Stato hnd no right to lax the stocks of the United Htntes stocks. Were it an opn question, he would bo in favor of laxinff all such stocks, as tho only equitable and proper basis of taxation. Hut it must be remembered that these stocks brought an additional price in the market in consequence ot their being ex emptcn itotn taxatiou ny the law authorizing their issue, and that this high price was a tax paid to tho State in lieu of all subsequent taxes. To tax them again would be a breach of the contract. If there were any stock either ol ihe United States, or of State not so exempted, the? oucht certninlv to he tnxed. The taxatiou of tho kind of slocks above re- rred to, was not renuired by the constitution. II this amendment was urged, ho should be obliged to viii" almost it. The bill was here temporarily laid nn the table. Report of tried commiitetB.-Mr. O'Neill, from the select committee to whom was referred theroport of the standing committe on the Morgan county case, re ported it buck, and recommended the adoption ol the resd.uuuiia inerein cooiiiiueu, viz; i nai uaviu iioi brook was not entitled to a seat; and that Mr. Hoi- brook he paid his per diem. Mr. Van Vorhes said, that as one of the Select Com-mittee on this case, he was not ready to vote on this case. He had never been not thed to meet that com mittee, had never been informed when they were to meet, and ho hoped that the case would be deferred ill Mr. tioihrook returned, till the other member ol he committee bad returned, and till he had opportu nity to examine the case. Ho moved the Report be am on uiu moil. i,osi yeas -zo, navs Ol. The resolutions deciding that Havid Hoi brook was not entitled to a seat Irom Morgan county, and that wm. Heswitk was, were then adopted yeas Jin, nays 18. Mr. Heswitk then appeared, received tho oath of ottiro, ami look his sent. Mr. Itauta reported a bill lo extend tho corporate units of New Mndixon, Darke county. Read the tint time. The Speaker presented a Report from the Auditor. showing tho amount expended in ISM for the salaries l the Supreme Judges, the .lodges ol Comuion Pleas, and Associate Judges, Laid on the table lo be printed, Mr. Withrow's motion to reconsider the vote on the passage of the Court bill, was taken M om the table and agreed lo. Mr. lUmagn moved to amend, that the District Court thrall not reserve any ouesliou to the Supreme Court unless the court bo equally divided, and then only on mouon oi one 01 me names. Pending this, the House took a recess. 3 o'clock. P. M. Mr. Van Vorhes gnve notice of his intention to enter his protest against the action of the House, on the caso i the decision ot the Morgan county case. The consideration of tho Court bill was resumed, Mr. Itamagu's uuieiidment, ollured in the forenoon till pending. Mr. Gest said if it was adopted, no case would over be brought lo-fore the Supreme Court, except when the Judges in the district court were equally divided. l no supreme .lunge presiding in tlie district court out lit to have the power to reserve the cuseto the Hit premo Court. I ho oilier Judces were acting nn then own decisions, and would nuturally be disposed to maintain tti in, and theretore the Hit pre me Judge ought to have ihe power to reserve it. The expense would be trilling, not worth mentioning. Mr. Homage replied to the remarks of Mr. Gest, that the District Court have the power at any time to re serve any question to be decided at the Supreme Court, carrying alt esses they may thin important to a d liferent court, without decision ; requiring the par ties to appear in a court they had not asked for ; keeping up litigation at the expense of thu parties ; that every person is entitled to a Seedy trial. Mr. Houk moved to amend the amendment so permit the district Judges or tho Supreme Judge to reserve a case on motion of either of the parties. Mr. Shellaharger opposed this motion. He said that by it, a party unwilling to stand trial, or wishing gain time, might move to tend the case to the Supreme Court, and prevent and retard justice for a year or se ries ot years, till he became bankrupt. He thought the original amendment ol Mr. Kninnge as proper and necessary. The district court was the best court of the system, ami to it as mncn business should be re ferred ns possible. Mr. Gest said such a case as tun nosed uever could get into the District Court. That court was not a Jury court, it was a mere paper court, and such a case ai supposed must Inst go through the Common Plea court, and must be secured by bond before it could further. Aoain, the District court was nut the bi court in thesysletn, it was an appellate court composed ot puigei sittiug on tnctr own decisions, and naturally disposed to support tnose decisions. Mr. Shellaharger defended his supposition. A Imtn conditioned on the decision of the District court woul not hold good in the decision of the Supreme court. Besides, a reservo to the Supreme court would subject the parly to much delay, and every litigant was en! tied to a speedy trial. Mr. Fisher opposed the amendment, as a mere ma neuvre to put Into the bill what had already been stricken out. Mr. Houk defended his amendment, and hit motives tn introducing it. Mr. Wilhrow defended the original amendment of Mr. It a inn go at some length. The debate was further continued by Messrs. Honk, Plumb, Damon, Fisher, Gest, Means, Croxton, Davidson, and McCall. The question was taken on the amendment of Mr. Houk and resulted yeas 61, nays 112. The amendment of Mr. Ha mage, as amended, wu then adopted yeas 4(i, nays 22. Mr. Kamage moved to amend the lOlh section, by adding as follows: 1 "Aud the records ud filet of the late Supreme Mr. Vattier rose and referred to the petition which was not reported, and spoko of the telegraphic reports, men no said were imperiect. The bill to enable colleges nnd universities to be come bodies corporate, was taken up. Mr. Atkinson moved lo amend, by way ot ryder, so to make trustees and directors liable individually for debts beyond the menus of the corporation. Mr. Pardee objected to making stockholder of in-stiutions of learning and education liable for debt. e was not so anxious as some were, about this kind ol bility. He thought it we wanted to give a money making corporation credit, it would bo well enough to make that provision; but he could not favor trammeling the formation of such corporations by a provision which would deter persons from assisting iu getting up useful institutions. Ho thought the etloct would only to block up the progress of improvement. Besides, did not believe the constitution required such a pro vision, though it allowed tho Legislature to adopt it il ey thought lit. Mr. Wilson said it had been the desire ol the com mittee which first framed this bill to leave it as Mr. ardeo wished, hut since the Senate had referred back ie bill, with instructions to insert this proviso, they had no alternative. And the committee found that irne institutions of learning were private enterprises, finch ought to he treated as common corporations; but so far as colleges, &c, founded on donations and subscriptions were concerned, they thought they should not he so trammeled ; and he, for himself, hoped the amendment would not prevail. He whs not willing to ake those who girr their money or this cause liable the misiortuues ol institutions ot a benevolent laracter. Ho agreed with Mr. Pardee that those ho trusted such corporations ought to do so at their own risk. Mr. Mungen said he held the constitution to be pos itive in requiring this proviso. He was not opposed to learning, or the means ol education; but he would not discriminate between school houses and churches. and mechanics' shops. Mr. Ferguson thought tho constitution only required this proviso in corporations gotten tip for profit. Hut ne would support the amendment to guard against and orrect the abuses lhat mechunics often suffered ! y the over desire with many trustees to do building, and in- ur other liabilities, which this proviso would limit. jvir. rinck said in legislating tor the peoplo, wo iimld look well to the general welfare of Ihe people. The interests of education, morality, religion, and all mir nest interests are involved, nnd wo should look well tho manner in which we legislate in reterenco to lem. tie referred to the constitutional provision, and 'xpre.sed himself against thu amendment, I Mr. Atkinson made a warm delenco of the amend ment, contending that these trustees should not be given tho ndvantago over mechanics whom they might employ. Air. Rich opposed the amendment. He thought Ihe constitution did not requiro this provision to bo uttuched these liisuiniions. i Mr. Pardee followed, and very strongly opposed tho I amendment. I Mr. Peppard said he wns opposed to the amend-! ment, and presented this argument: The stockholders it corporations are the principal owners, who net by igents, who are the trustees, and it would be tiniust to make these agents liable for their principals, a practice ,'tiicn is wti"iiy unknown, no would place this upon lie footing of nil other contracts, Mr. (illlett supported the amendment, nnd cited the lliculty of collection of claims against these iiislitu- tions. Mr. Mungen said we were about to make a set of soulless corporations, and ho was decidedly opposed lo tne measure. Mr. Ferguson said the result of this amendment would ho to compel the trustees to have money in hand lore iney contract, it they nave the lands it roin-Is them to pnv. This 1 claim into morals calls for. The Father of all religion and benevolence has said. tho laborer is worthy uf his hire, ami this Senate should secure it to him, nud not permit trustees to contract, without the means tn pay, and lhat, ton, at the expense uf thu laboring man of the county. I will siq-port the amendment for these reasons. i no amendment was lost. Mr. Pardee moved that the bill bo referred lo a com mittee of one, thtit he might strike out tint last section, which provides lor individual liability equal lo the stock. The reference was not granted. Senate then took a recess. H o'clock, P. M. Mr. Vattier moved lo recommit the bill with instruc tions to amend so as to insert ihn word " literaiy " be- ire the word college, in section live. He explained that he wished the bill so shaped as to enable other than literary colleges to be formed under this act. I ho reference was mode. Mr. Wilson offered a resolution giving the clergy who attend the opening of the sessions, ihe privileges of tho Slate Library. Mr. uushing wished II extended to all the clergy ol the city. Mr. Pardee said he did not see how we could give the use of the Library to some of the clergy, without innRing it iree to all. Ami it It was to bo deemed n vnlunble consideration, hn was opposed to the prinrl pie of paying for religious services of this kind, ns hi regarded religion as too sacred a matter to be tampered wnn nere. Air. rincK moved Mr. Uushing a proposition as an amendment. Mr. Gillet moved to amend by giving the use of the Library to nil Clergy of the SihIu. Carried. The amendment of Mr. Finck, as amended by Mr. Gillett, wnatheii cnrrieil yens 21, navs II. Mr. Burnett moved to rider to the Library Commit tee. Mr. Peppard anid he hoped Senators would vote for tho reference, if for no other reason, to save them selves from the ridiculous posiiion of sitting here ami calling the yeas and nays. If they were determined to do no business, let them adjourn like men. 1 he reterenco was made. Mr. Rich, from tho committee to whom ws referred the College nnd University Corporation Bill, reported tne same pack with the amendment suggested by Mr. vainer. Mr. Finck opposed the amendment, as it restricted too tar the usefulness nt the bill. Mr, Pardee spoke in favor of ihe amendment. The n mend ment was agreed to. Mr. Atkinson moved a amendment, by way of ryder, similar tn that which was lost in the morning; which was carried) eaa 14, uuys 14, and the Chair in the alhrmative. fThis is the first rase of a vole from the President. this session. 1 The bill was then read a thttd time, when Mr. Finck snid ho would have been very happy to have voted lor such a bill as tins, but tin-amendments made to it com pel led him to vote against it. Mr. Monro ottered the following preamble and reso lotion. Mr. Wilson gave notice of a bill to divide the State into Congressional dtstricts. The Senate (hen adjourned. his own business, and not trouble himself with that of i others. That member belonged to a class who wrre very favorable to corporations, and numes, and seals, and his sudden opposition to them was unaccountable. Mr. Gest said that he should not consult tho gentle-man from Knox for a rule to guide him iu the disctiarge of hisduties; that all business before the House was us much his business us that of any body ebe : that he should express his views as he pleased and when he pleased, without consulting me goniieman irom iiiu. The bill was then committed to the committee nt the Whole. Mr. Le Blond, from the commiiteo on federal Rela tions, to whom wns referred a petition for universal suffrage, aud for the admission of colored children to common schools, reported that the constitution decided the first matter, and tho law permitting colore ! chil dren to reap the sole betieht ol taxes derived irom their own property was their equitable share of those funds. They therefore recommended (he petitioners have leave to withdraw their petition, and that the sommittee be excused from its further consideration. Agreed to. Report of Select Committee. Mr. Stone reported back tho bill to amend the act creating the Commercial Court in Cincinnati, with amendment, and recommended its engrossment. Agreed to. port than would bo necessary. The amendments of Mr. Gest merely excluded lawyers from the ollice, as it firevented them from following their usuul businesa, mt it excluded no other class of persons, us it left them nt liberty to follow their business. The discussion was continued by Messrs. Gest, Ward of Crawlord, McCall and Withrow. Mr. Damon withdrew his amendment. Mr. Houk supported Mr. GeHt'saiueudmeut, ns right in principle and conformable to legislation. Mr. Woller ottered to amend the amendment, by excluding a Probate Judge from acting as counsel in any case where mi administrator or guardian was a party, or iu which the interest of any ward, or the estate of any deceased person is involved; or in any case in which the Judge had original or concurrent jurtudic-lion. Loat, on division of the question. Tho original amendment of Mr. Gest was then agreed to. ivir. Morgan moved to amend ny conieriing on the Probate Court jorisdiciion over all criminal cases not presented by grand juries, nnd ihuuest over nil idiots and lunatics, and their property ; and have power to take depositions. Agreed to. Air. Fisher moved to amend the bill by providing that estates wherein the Probate Judge wns interested. should bo settled by the 1 'nth tit e Court of the nearest county, instead of the Court of Common Pleas. Mr. Means moved to atrike out the " nearest" m the above amendment, and insert " most dUtnnt." Withdrawn.Tho committee here rose, and reported progress. The House then adjourned. Mr. Cox spoke to correct Mr. Siierimm in culling the 1 Dayton and Western railroad a small atlair. Mr. Johnson spoke in oppesitiou to tie bill. He axked why it was that Ohio, with some six hundred miles n working rail, must conform to a State with not two hundred T He cited the fact that a great portion of tho stock in these projected ruilwnys were chiefly Wall street brokers. He showed iu a very strong light, the serious evils which have fallen upon the community by the management of speculators who avail themselves of these variation of gauges. He could not see why we roust abandon our gauge to suit a State not half way up to us in tht ae matters. Mr. Mungen spoke to set himself right. Hi' contended that the gauge of Indiana was the best established, and the Ohio the exception. Mr. Sherman moved to refer the bill to a select committee of three, which was curried. Mes.-rs. Pardee, Walkup and dishing were appointed said committee. This bill provides that any railroad company may adopt such gauge asihey may prefer, and of course repeals the law establishing a uniform gaugo in Ohio. Mr. Cashing, from the committee ou Fees and Salaries, reported bnck the bill fixing the salaries id' Judges, laid ou the table to tuke up tho bill fixing the terms of tho Court of Common Pleas, which tho Judiciary committee reported back with amendments; which was agreed to, when the bill passed. Mr. Cushiiig'a bill on salaries of Judges was taken op, when Mr. Wilson moved to refer it back to the committee on Fees and Salaries; which was curried, with instructions to consolidate ibis bill with that fixing thesaliiries of members. Senate then adjourned. Ma HOUSB OF REPRESENTATIVES. ii) o'clock, A. M, Pravor by Rev. Mr. Roberts. Bill introduced and rtnd M tint fi'mr. Br Mr. La throp. to authorize the Toledo plank road company to mortgage in roau. Report of Standing Committee. Nr. New burg, from the committee on itaitroads and iurnpikes, reporte back the bill to change the name of the Springfield aud Mansville Railroad Company, with an amendment striking nut the section giving the power to ex tend said mad, and recommended its engrossment. Mr. Doming moved its commitment to the committee of tho W hole. Mr. Colo said as the bill now stood It merely chanr- ed the name without eon (erring or taking away any corporate powers. He theretore hoped its passage wou'd not tie obstructed. Mr. Grit anid he should oppose the bill. The new constitution prohibited all special legislation for corporations, and this bill, by giving name and seal, gave life and vitality to the cortmratiou. He should oppose the bill, and vote fur a general law on this sub ject. Mr. Withrow thought this objection frivninoa and he hoped it maker would learn enough to attend to Weliielay,Fclriiary IN, 1V2. IN SENATE. 10 o'clock. A. M. Petition preienled.Uy Mr. Cox, from W. H. How-ells and 2o' other legal voters uf Preble county ; Jumes Martin and 38 other legal voters of snme county ; and from Mary Reed and 41! others, females over 14, of the same county, praying for the Maiuo law. t Petitions were presented by Various gentlemen, of more than one thousand persons, for Ihe Maine law. By Mr. Wilson, trom J. W. Welsh and 70 others, lor the creation of a school district iu London township, Seneca county. Referred to the committee on Common Schools, By Mr. Sherman, from Hon. R. Hitchcock and 35 others, for the enactment of a law for the suitable supervision for the public schools of the State. A so, from Henrietta Mathews and 28 other females of Lake county, and of L. Stock well and 10 other teachers of public schools, and 2b' othersof tho same county, for the same. By Mr. Mack, from James P. Henderson and 24 others, asking the repeal of Ihe uct entitled an uct to in corporate the town of Newville, in Richland county. Also, from Ambrose Baldwin nud 10 other citizens of Richland county, asking the Legislature to provide some suitable supervision fur the public schools of Ihe State. By Mr. Atkinson, from Wm. Woods and 91 other citizen of Carroll county, nking the repeal of the act authorizing tho construction uf the M.dvern Free Turnpike Company. Also, imra ft. s. i-ietctior ana others, uponiiie same subject. Also, the remonstrance of James Baxter and l(i oth- r citizens of Carroll county, remonstrating against the peal ol the act authorizing tho construction ol too nivern tree 1 urnpike Uompany. Also, the remonstrance of T. J. Cannon and 48 oth ers, upon the sumo subject. orAlso, ihe reuiouslrincn of Nalhuu Porter and fiG oth ers, upon the same subject. Said petitions and remonstrances were ret erred In the committee on Roads and Highways. Uy Mr. Mchiimey, trom John II. horester and i;t4 her citizens ol ' JetWaon county, pruving for a re- aion of the school laws. Also, from Thomas Blacklago nnd (it! other citizens T Jellerson and Columbiana c unities, lor a S'nte road rom Steiibenvillu to Highlandlown. Ihe committee on the Judiciary, lo whom was re ferred Mr. McKinney's bill for special terms of courts. ported Hie same, back with no endmeuis, winch was ml a third time and passed. Mr. Riddle, Irom the Judiciary committee, reported tack the bill for organizing courts of justice, concur- nglu all Inn amendment nt tho Mouse except the tilth. The amendment excepted to by ihe committee, involved Ihe right of appeal to district courts, which in House had refused. They recommouded that ihe provision be retained. 1 he amendment, in nu amen- ed term, was agreed to. Mr. W alkup a bill relating to railroad gunge, was read a third time. Amotion was mado tn refer the bill, when finite a risk discussion sprung up, Messrs, Walkup, Kilbourn, Mungen anil Uox, opposing the relereuee, unit .Messrs, 'eppaid, Hex and Juhusou supporting it. 1 lie refer ence was lost. The question then turned on the passage of the bill. Mr. Finck addressed tho Senate in opposiiion lu the in, pointing out the great disadvantages ot a diversity gauges iu this Mate. Mr. Kilbourn thought the very dilliculttes feared by Air. muck, would he avoided by this lull. Mr. Kiddle moved to reconsider the vote on recom lilting, which was curried. oeiittlotnok a recess. 3 o'clock, P, M. 1 he question endilig at the recess, Was 111" motion to Commit the bill on Railroad Gauges to the commit tee on Corporations, was tuki-u u, . The reference wns p st. The question then being on the passngn of the bill. Mr. Sherman said he had no hosiihiy to tho passage of the bill. But there appeared lo linn to be nu argu ment against it wiih li was insurmountable. 1 bo qi ion to ask here is, is it sucn a policy aside Mate uugiit lo ndopt 1 To him it seemed lhat the passage of this bill would build up a power that will bo dangerous to the weltare ol the State, lie was surprised to see Democratic Senators all at once become so great lovers I corporation. Ho went on to sliow tlie set loos dis advantages to Ohio in a variety ol gauges. He said we were but on ihe threshold ol the great work ot railroad making; and we should now avoid a measure which would puss the destinies of Uiut great interest into the hands ol a few corpnruli ra. Mr. Kilbourn said, ihedilhcul'y npprehended by the opponent of this bill, was trans-shipment, l hat we must sutler at any rate. If we do nut reship at one point, we must do so at another. It hud beep said thit tinglnnd hud u tiered trom a variety ol gauges, luiltl case was dith-retit. r.uglaiiu was one Mate, ntul could legislate lor the whole country, while we could inn. If we could legislnto for the whole country he would be acaiiMt the bill, Mr. raniee opposed ine inn on tne ground thai uni formity of gnngea would not secure trade nguinst re-shipment. He remarked that it wns for the iuierest ol Railroads lo accommodate ihe public ns hir a possible, As it is, there are rom Is established and gauges fixed in Indiana, and a reslnpmenl must take place somewnere; nnd the question now is. shall it take place nt the Slate I- .- .i... a.-., .f i .u;.i il. ...... ..... .1. linn, or 111 III" OWio Ol "imi i iid mi- PW umiit. could not m nk o money unless they accommodated the people ; and he thought wo could not do potter man u envn lliem iree. Mr. Ferguson said he pro leased to be a Democrat, and was as ready to restrict corporation as any oilier democrat. He would vole for tins bill, because it would establish equality among theso corporations. He fur ther presented the advantages oi n general, uuiiorm gauge all over the country, in support ol the bill, ex pecting that would no auopieu n uiu inojeci was ie tree. Mr. Cox said he hnd not heard any thing to induce him tn change the first position he took. He said ho had been some time in the railroad business, hav been a railroad director for four years. He thought refusal to grunt this privilege would direct the business of Indiana from Ohm to other point) and business that would come to Cincinnati in the ordinary course of trade, would no mrceu to Louisville. Mr. Sherman did not know how to understand hi friend from Medina, He did not see any thing in HOUSE OF REPRESENTATIVES. 10 o'clock, A. M. Prayer by Rev. Mr. Roberts. Petition pretcrited.liy Mr. Bushnell.nf RobertCotin and 20 other citizens of Munlie.ld and vicinity, pray-for a revision and collation of tho school laws. Also, of H Clay Smith aud 20 other citizens uf Richland county, on the same subject. Also, of Michael Slump, John Charles and 30 other citizens of K'chluhd county, on the same subject. By Mr. Casud, of John S. Johnson and 22 others, remonstrating against tho enlargement of tho Indian Lake for a reservoir. Also, of Jacob T. Caples and GC, others, asking lhat the faculty and students of the medical department of the Meincai Hospital, ot uinounaii, muy enjoy the same privileges with other colleges. By Mr. Foulko, the remonstraiiceof the commissioners and oilier sioi li holders ot the Zauesville and Mays-ville road, against ihe repeal of the law for the sale of said road. By Mr. Hughes, of John Watson and 50 others. praying the passage of a law authorizing the loan of the arms of the State to Louis Kossuth, rightful Governor of Hungary. By Mr. Plumb, of W. L. Jennings mid others, asking a revision of ihe School Laws. By Mr. Ward, of Crawford, throe petitions signed by KM citizens of Crawford county, remonstrating against the passage oi the ao called Liquor law, and lor tin reiM'al nt all law restraining ihe sule thereof. By Mr. Fisher, of John Rouse and 17 other citizens of London, Madison county, for a Revision and Colla tion ol the (School laws ot this State, f 11(12 petitioners for the Miine liquor law.l Mr. Ward, f Warren, rose to a question of privil- eges. He would never trouble the House with any remarks mude out the House respecting his conduct. He hnd been appointed on the committee on Ihe Morgan nnd Noble county caso. He receive no notice of the first meeting of the committee till loo late to lake any part in its discussion. He attended (he second meeting, but only a single remark did he then bear about tlie right ot Mr. Holbrook to a neat. He left the , city with au understanding that no decision should be made on the Morgan county case till the Noblecounty case was decided, and that Ihe Noble county case should not be decided till hi return. He was there-tore surprised on tii return to hear that the Morgan county case was decided. Ho wished therefore an opportunity at some future lime, to esk the privilege i of informing the House whether ho coincided with tho majority of the committee or not. He did not wish it taken for granted that he should decide a particular way, because he belonged to a particular party. Mr. O'Neill defended the action of the majority of the committee at some Jetigth. ihey had a peilect right to meet as they did, and make up their report. Mr. Ward was absent, and Mr. Van Vorhes' opinion was known. There must be some ulterior object iu bus introducing this matter Tlie minority might do is they please, present a minority report, and enter a pro'est on the journal. Mr. Ward denied any ulterior object. He reiterated his former statement, aud repeated that he had imputed no improper motives to Ihe majority. It was distinctly understood by him lhat no report on the Noble coutiiy caso was to be made till his return. He saw, trom the newspapers, when Mr. Welter a motion cal ling for a report on the Morgan county case was iutro- luced, that the committee stated ihey were not ready i report, and lhat it was adimrnitcnse; and he there- ire supposed it would be delayed till his return. He lid not wish to say that the committee had decided wrong, but that they had not given him an opportunity to examine tho case as tie nan a right to, as one ol tli committee. As to heing absent, Mr. W. snid, it must be remembered that Mr. O'Neill was absent himself severaldnys. and tne committee had to await in return, and that he d no right now to complain of the absence of others. Mr. Mi-utisan'd his recollections were tho same as Mr. O'.Noill's. He hail tienrd Mr. Van Vorhes say on tho lloor, when the committee was first appointed, that if the committee decided against Mr. Parish, Mr. Holbrook would consider it adecisiou agaiust himself, ami on that ground he moved the committee be appointed. Mr. iiughe corroborated the stalementot Mr. O' Neill, lie did not understand Unit any promise was mado that no report should be made till Mr. Ward's return. Mr. W urd might have so understood the mutter, but he did not. Mr. Houk rose tn a question of privilege. Ho said that there wa perhaps no more appropriate time lhau thu i re sent to call the attention of the House to a matter which concerned, to sumo extent, every member pon me poor. My attention, snid Mr. H , has been called to a com' muuication which was published in the Ohio State journal, i,i yesterday morning, and which purjHirtsto he from a member uf this House, a i manifest from the following laugunge: " However," says the writer. " I must make nn exception to this general rule injus tice to myiet and Jetiow member ol the llmiso j" the letter is also iiatud " Hall llousk tiv. pkkhentativis. This communication is made up of a number of un warrantable charges which 1 shall not now stop to no nce; mere noar, however, to which 1 wish to call in attention of the House In a few words. That any member should be guilty of the unmanly and cowardly act of slabbing, under an anonymous sig nature, nny couimitieo of this House against whom he lared not make charges in his place, or even over hi iwn proper name, fearing their instant and succenfX refutation, and hi own shame, i an act sufficiently humiliating to cover with contusion any on who has in unmernetj nouor oi iMTUpving a seat on this floor. With reference to the Judiciury committee, he uses ie following language: 11 1 will refer to another fact in this connection. At an early period of tho session, two efforts were made to extend the number composing tho Judiciary committee, in order that hills might be mere ranidlv inulured. and Ihe necessary Uws passed, 'to meet the require. iiiriiia oi inn new consiniltion, Dill lite motiou did not preyai1 they wero voted down by an imbecile, yet ni-" p.iiniiitu uiniuriiv, won now uuuin io a now at d Huckleberry," in yesterday's Journal, was written by a member of the House, and if so, by whom Adopted. Mr. Davidson ottered a resolution prohibiting any lobby member fiont entering within Ihe bur of the House, and lobbying more than four weeks on the same bill. Out of order, previous notice not being given. Mr. Davidson then gave- a notice that he would offer it to-morrow. Mr. Cornwell ottered the following : Whkheas, the business of this House is frequency emhurrasswl and delayed, in consequence of members leaving their seats, and, otter an absence nt sevcrul duys, returning and requiring thij House to post them up on business. Therefore, Resolved, That when it becomes necessary for gentlemen to leave their seats, they be required to employ a private secretary lonttend the silling of the House and keep them informed of the progress of business. Out of order. Mr. Doming ottered u resolution requiring of the Librarian to repoit why he did not comply with the resolution granting tho use of the Library to thu clergymen ofliciutihg in the House. Adopted. Mr. Croxton moved to take up tho resolution instructing our Senators, &c, in Congress to vote fur a bill granting land to actual settlers. Lost. The House then went into committee of the whole on the Probate bill, Mr. Smith, ol Stark, in the Chair. Mr. fisher s amendment ottered yesterday was lost. Sevend other slight amendments wero made, when the committee rose and reported the bill hack to the House, and the bill was ro committed to the Judiciary committee, to arrange the amend men is and report back to-morrow morning. Mr. Allen, from the committee ou Universities and Colleges, reported back the bill to enable the Trustees of Academies, Colleges, Universities, tfcc, lo become bodies corporate, wiiti several amendments. Laid on the table lo be printed. Mr. Littlo offered a restitution for the appointment of a Joint standing committee to compare the enrolled with the engrossed bills, and correct any errors. Adopted. Mr. Gest moved to take pp the bill providing for (tie appointment ot commissioner, to revise ami ubridge the form of legal proceedings. The question pending was the amendment of Mr. Wilhrow, to strike out $2000 a year, aud insert $.r per day. Mr. Cole advocated tho diminution of the salarv. The office was for a limited period, the occupant would not have lo forsake his regular business for along lime. Again, he did not want tlie salary so high as to induce tho occupant to lengthen out the timo. Mr. Gest oppose the striking out. The shortness of the term wns an argument tor an increased, rattier than a decreased salary. It would require the best legal talent, and hard labor, to properly discharge the duties tit nits commission, tie should rather vote lor raising than diminitihing the compensation. Mr. Withrow advocated the resolution. The best legal talent could be obtained at that price, and hi; suiaries were nol contemplated by ihe constitution. Mr. Houk op)ued a reduction. No lawyer, who was adequate to the office, could leave bis home aud business, and pay his expenses in Columbus, without losing money. AL-ain, the inherence between tr WEDNESDAY MORNING, FEBRUARY 18, IMS, railroad charter that was inimical to democracy. Hi went on to make a general replication to Ihe speakers on the other side, and in opposition to Ihe bill, nnd dwelt upon tho great incouvc uietice already sn tiered by the people ot unin, irom various gauges, lie en larged upon the fact that we could not procure recin roc ntinti in this matter, and if oilier Slates would not accommodate ns, as was the case with Pennsylvan If Indians wanted a uniform gauge let them adopt the Ohio gauge, and not expert the third State in the Union to come down to meet those who are behind us inimprovement. Mr. Mungen objected to the bill, because he thought it would sunservethe general interest altogether uelti to leave railroad? free to choose their own Ranges. It had tieen said ttiat it was not Democratic to aupnrt mis inn. At home he was called an ultra Locolnco. He did not know how lhat was. but he endeavored carry out these principles! and to do so he must vote iur me uiu. Mr. Ferguson followed in support of the bill, uonars a day ami juuu per year was but a trilling sum. Tho Joss caused by delay in not having the commissioners appointed, would be greater than that proposed ny the amendment. Mr. Fistier favored a reduction. He believed that competent persons could be obtained at four dollars per day. Our Common Pleas Judges atid Supreme judges had always served for less than lour dollars per day, and they, or others a good, would be obtained lor that price. Mr. Rush said the question ought to be, who would discharge this duty ihe best, not who would do it the cheapest. Lawyers in fair standing were making from two to five thousand dollars per year. A price about equal must be given to secure the same talent on this commission. Again, economy demanded that the best talent should bo secured on this commission, nnd in that CBse it would be soonest finished. Mr. Ramnse moved to amend ihe amendment by sinking out the word five nnd insert four, so that the Commissioners should receive but four dollars a day. This amendment was supported by Messrs, Plumb, Croxlou and otlu-rs, and was agreed to yeas G3, nays i. The question was then taken on striking out &2000. and carried yea 71, nays lf. 1 he question was next taken on inserting " four dol lars per day," and carried yeas 51. nays 27. Mr. IJainou moved to stride out Nov. 1st, as the time for the final report of the commissioners, and insert Dec, 1st. Lost. Mr. O'Neill moved to nmeud so as to require a final report by the 1st of May next. Mr. weiier moved to strikeout the first ofMav. and insert four and a half days after the passage of this bill. Lost. Mr. O'Neill supported theameiidment, and Mr. Houk nnd Mr. C a sad opposed it; audit was lost yeas It!, unys oi. A motion to adjourn was lout. Mr. Hutchins mov-d to striko out the fourth section. This is tlie section fixing the rate of compensation if the commissioners. Mr. Hutchins said he was a triend uf tlie new consti tution, and voted for it ; as there was a diU'erenco of opinion ou this subject, he proposed to strike this sec tion out, ami leave the matter lor future Legislature!). i ne motion was lost. The bill was then read a third time, aud the ques tion being ou its final passage, A cull of the House was had, and 76 members were found preseut. Ihe Sergeaut-at-Arms was dispatched alter Ihe ab sentees. The door was then ordered to he closed, nnd the ab sent members required to give their excuse when they came in. Mr. Morgan moved the House adjourn. Mr. Bishop raised a question of order.' during the ponding of a call, it was not iu order to move au ad journment,' 1 he Speaker decided the motion to adjourn in order. Mr. Bishop appealed from the decision of the Spoak- The motion to adjourn was tuken and tost yens l!, nays M. ( 1 lie Speaker announced Messrs. Hard. Moreun and Hughes as die House members of the joint committee for the investigation of ihe charges against the Superintendent uf the Lunatic Asylum.) i he Sergeaut-ai.Arma retiorird Ihe number ot absen tees, who rendered such excuses ns their buicy sug gesieu. 1 lie question was (hen taken on the passage of tin bill, and resulted yeas ti'J, pays 23. So the bill was passed, l he House then adjourned. Mr. Rush, iu the debate on tho probate bill, in y terday's paper, instead of saying ihe ollice of judge mutt he filled by lawyers, said they were very pnqer prraoua to mi uiui ouiee.j LEGISLATUBE. The principal subject of interest in the Senate yes terday was the debate on the House resolution in favor of the proposed new canal around the fulls at Louisville, Kentucky. The proposition is, for Government to make Appropriations to construct this work, and to make it a free canul. Tho debate involved the propriety of the Government purchasing the stock of the present Louisville and Portland canal. There was a diversity of opinion on this subject. It was thought if the present canul was to be bought, that the stockholders would gouge the Government outrageously in the price, all of which would very probably be true. An amendment was adopted, declaring that if it was purchased, the Government should not pay more than par for ihe stock. In the afternoon the Senate discussed the bills fixing the salaries ofjudges, members of the Legislature, &e,, in committee of ijio Whole. They struck out four dollars per day for members, aud inserted five. The bills were then recommitted to the committee on Fees and Salaries. There were some singular movements in tlie House. Mr. Pahuish sent a communication to tho Speaker, which was read to the House, wherein he resigned his claims to a sent as Representative from Noble county. He did not yield his convictions that Noble county was entitled to representation, but said that the discussion of tho subject would take up so much of tlie time of tho House that he would withdraw hi claim. There are some surmises as to tho detign of this movement, which we forbear to mention till future developments shall show their truth or falsity. The Morgan contested case was then rep rled by the chairman of the select committee, Mr. O'Niili-, accompanied by resolutions declaring that Mr. Hot.-aitooK was not duly elected, and that Mr. fixswicxwa duly elected a Representative from Morgan county. Mr. Van Vorhes arose and stated that be was one of this select committee to report upon this case, that he had never been notified of any meeting of the committee, and hud uo know led go that any action had been taken in the premises. He moved to lay the report on the table ttiat the matter might be examined. The House refuted, and then, without further action, voted through the resolutions, and gave Mr. Beswick the seat. We shall give some facts iu the history of this case soon. We regard tlie action of this special committee as one of the most extraordinary on record. Who ever heard of a special committee, appointed to examine so grave and important a question as tlie right of a county to choose its own Representative, that should presume to decide and report, reverting the decition of the county autkoritie, without even so much as calling a meeting of tho committee, or of consulting upon the subject for a moment I We say this is a strange, an unheard, of proceeding. No matter what may have been the ultimate decision, common fairness and a decent re spect for the rights of others, required that at least a consultation of the committee should have been had. These tilings will be remembered at a future day. We trust the timo for a "coup d'etat'1 bas not yet como. If it has, we shall see how American freemen will act. The House spent the afternoon in debating amendments to the bill prescribing the powers and duties of the courts and judges. The proposed amendments finally attached such provisions to them as to force the friends thereof to vote against the principal one. The bill, as amended, finally passed again, and must go to the Senate for their concurrence in the amendments. In the Senate, on Tuesday, ttie proposition to make the trustees aud directors uf colleges and literary institutions individually liable occupied the most of the forenoon. It was finally voted down. The afternoon, was spent in discussing the subject of free tickets lo the State Library. The reports will throw all ihe light there it on this subject. In tlie House the day has mostly been spent iu committee of the Whole on the Probate bill. Several important amendments were made. One of the must practical value to Probate Judges is prohibiting them from practicing as lawyers in any court in Ohio. The decided vote by which this was carried, after full debate, is indicative of the way it will stand in tho bill. Ano ther amendment, giving the Judges jurisdiction in criminal cases not indictable by tlie Grand Jury, &c. is ot importance. Wcilnetday. The various " questions of privilege " in the House to-day will be read with interest. The stale menis of Mr. Ward, of Warren, gave a history uf the Select Committee on tho contested cases that fully sus tained lhat partot Mr. Van Vorhes' remarks relating to the first meeting of said committee. We think it is now evident to all that a portion of tho committee acted hastily, and cannot be justified In deciding so im mrlant a question without calling a meeting thereof. We trust it will be a long time before we shall see this experiment repeated. The new constitution must fare better than thu, in the hands of lis friends, or it will loso caste, even with those who voted for it. Mr. Hour, it seems, does not like the insinuation of " Huckleberry," that tlie Supreme Court Judges were called in to help the Judiciary Committee make a re port. Wo know nothing of this, but we beard mem bers stato that consultations had been hnd with the Judges, We don't know of any thing crimiunl in this, even if (rue. The debate in the Senate on the railroad gauge bill occupied the most of the day, aud will be read with some interest. The amendments to the bill fixing the time for hoUing thu Common PlrasCourts were agreed to in tho Senate, and the bill was passed and sent to the House for Its concurrence. The bill to appoint Commissioners to revise the practice of ihe Statu was finally passed in the House, after striking out tho $2000, aud inserting $4 per day as the pay for the Commissioners. There was a lime iu getting in the absentees on a call of tlie House, and much fun was created in hearing their excuses. Many of thorn were dragged from their half-eaten suppers. At seven o'clock the members were all got in, when the bill passed, the doors were opened aud the House adjourned. 1 ttie necessity, and are rccnivinif and uuisiihi ' iiid and comfort.'" At ihe end of the communication there is annended the following note, to which the asterisk refers t "Mt It enrrrntlv rnmnred.aB It tiu triUii Hmiitf .m Ihe flour ol the llmisf, that tha Jutlirtary ci.mniimr have been uuuMH ui-u i,i can mo memnrrs oi urn Supreme tinned to ttai alii, lo limning and maturing letlilatlTfl business." It Is not necessary for me toexolain Ihe nature of mo nisiiMiiiMon. it is suiticient tor me to say.thnt it would justify denunciation for its M-ity, it it did not :iro sucn supreme contempt lor its petty ntnligntiy. iei ine gent email m Who matte it. ll tndrniUou memner ot tho House, arise now in fits seal, am noiinco himself, covered na tie will he. with blush shame, il he is not lost to all such feeling, and mnki good his charge, and iusttlv his motives: or if In wisnes rattier to remain concea ed. let In in then con linue to protect his small proportions, in the diminutive iiimeusion oi mat signature which, wnn an nppropn ate and characteristic litth m ss, he hss seen pioper to adopt, to-wii : a iiucki.khchrt." Bill read a third time. To amend ihe act creating th Commercial Court of Cincinnati. Passed yeas 7(1, navs 0. I BUI introduced Bv Mr. Cornwell. for Ihe regula tion of dogs ami the protection of sheep. The Speaker appointed ihe following as committee on Apportionment: Messrs. Poland, Okey, Shellabar-ger, Hush, Ward uf Crawlord, Wilson ami Fentier. Report of Select Committee. Mr. Haley n porieu a bill amending an act for the appointment of Commissioners of Sewers in certain comities. Mr, Cheriiigtou reported a bill to repeal an act for the drainage uf a pond in Gallia county. Senate resolution calling on the la'to Acting Commissioners of the Canal Fund to report tn whom and on what terms certain loans had been made by thu late Auditor, ot the Surplus Revenue, was read. Mr. Gest moved its reference lo the Finance Com mittee. He said a call on the late Commisiouer could not be enforced, aud he wished a committee of Investigation appointed to thoroughly investigate the mat ter, uarrted vena ol. navs 'JU. Senate amendments to the House resolutions respecting a Canal on the Indiana side uf the Louisville Fulls, were read. Mr. Gest moved the first amendment, restricting tho General Government from paying more than par value lor the stock tn the uld canal, be disagreed to. Lost, and the amendment airreed tit. The other amendments agreed to. The House ttieu took a recess. 2 o'clock, P. AT. Mr. Weller ottered a resolution to appoint a committee of three lo examine whether an article signed THE B0KAPARTE8 NOT DEAD YET. The Cincinnati Enquirer relate the following signi ficant event. It shows the ttue iionapahtk pluck crop piiig out, after fifty years' repose. But will Franc submit f Thai is tho ques'iuu. The last decree of tho Prefect of the police nf Pari", declares printing presses to ho "danoerou machines ." and prohibits their sale without giving immediate no- ii p in urn lyimBimiiireui puncuoi ine residence tn me purchaser. A deputation, consisting of some of the prim in editors of the modem tn press, were received bv the President of the Republic inn private interview, which they had requested for the purpose of representing the grievances to which they were exposed by the rigor ous censorship under which the newspapers havo been placed since the revolution of the 2d of December. The gentleman who headed the depuiution sp.ke for fully half an hour, and concluded in speech by expressing a hope that the President would give some moderate latitude to the pa era lo comment open passing events. Louis Napoleon listened with great com-poaure and patience( but his only answer wns the following : Gentlemen, the press In alreadyde-lroy-ed twodynnsiies; I nmy fall like the others; but I shall take care that it shall not he by the press; " nud with this he bowed them out. Yon Baihis not Mt Bahiks. About thirty-five years ago there resided in (he town of Heborn a cer tain Dr. T., who been me very much eiifittioretl of a beaut 1 tut young lady in ihe snme town. Indue course of lime they were engaged to be mnrried The doctor was a strong and decided Presbyterian, and his lady love- as atrong nnd derided a Bipiit. They were Bitting together one evening, talking of their aptiroactiing ii'iptinla. when 'he Dr. rotnnrked ' I am thinking, my fear, ol two events which I shall number among the happiest of my life 'And pray, what mav ihev be. ur. r inquired the lady. 'One is the hour whn 1 shall call you my wife, for the first time.' ' And the other, if yon ph ase 1 ' ' It is when we shall pre-ent our first burn for baptism.' What, sprinkled 1' 'Y'S, my dear, sprinkled.' Never shall a child of mine be sprinkled.' ' Everv child ot mine shall be sprinkled.' Ihey shall be, ha!" 'les, my love.' 'Well, sir, I can tell you then, lhat vonr babies won't be my babies, oo, goon mem, sir.- i no istiy icit the Mom, and the Dr. left the holts". The senile I tn this true story was, lhat the Dr. never got married, and the lady is an old mam. Shootino Affair, at Fairview. (tn Saturday last Robert Payne wan shot at M;ij. Bmdahaw's hotel, at the east end or inn town ol tail view. Ihe circum stances, it we are correctly informed, are these t Payne, who is generally represented as an abandoned ' character, o -died in the evening nnd aked fr liquor, and was refused by Brndshaw. He then tried to force the bar. when tho proprietor discharged a pistol ai hini, the shot taking etlect ill Payne's neck. Whether he i fatally wounded or not, wo have not definitely learned. Payne was np before the common plea court of this county, during the past year, nu a charge of shooting at a colored man of Fairview, but acquitted for want ot proof, Oucmtey Timet. OUS " QUESTION OF PRIVILEGE," We rise to a question of privilege. We find in the reported proceedings of the Senate as published in the Ohio Statetman, the following: " Mr. Vattier rose to a question, not exactly of privilege, but of importance to the people, as well as to Senators. It was in relation to the telegraphic reports sent to ttie Cincinnati papers, greatly misrepresenting the proceeding of tlie Legislature and also to a card in tlm Jomnnl in relation to petitions, &o. He had presented one yesterday, and it had not appealed in any of the papers. But in relation to the telegraphic reporta, he hoped whoever furnished them, would not misrepresent hereafter." Now, we wore not present iu tho Senate when these remarks purport to huvo been made, and do not know whether I ho Senator is correctly reported or not. If Mr. Vatt ikr intends to say lhat the proceedings of the Legislature aro ' greatly misrepresented," in the telegraph reports in ttie Cincinnati papers, then we take it upon us to any that he is much mure " greatly" mistaken. We defy him, or any body else, to sustain the declaration by facts. That mistakes will sometimes arise wa all know. In the great condensation necessary to make out a telegraphic despatch, and the haste with which it must be done, it sometimes happens that the wrong idea may bo conveyed. This is incident to the business. Every man who has received despatches knows, lhat tho officers sometimes send of a message very tl die rent from its original lorm. If Mr. Vattikr intends to convey the Impression that the despatches sent to Cincinnati are " misrepresented " intentionally, and with a design to place the proceedings of Die Legislature in an untrue, improper light, then wo insist that he is guilty of using his official position for the purpose of promulgating a willful laisei.ooa. e Anew it Is false, and we know thst the evidence does not exist that will convey the idestosuy n'"' n" i'K it any thing else than false. It is not pleasant or desirable to refer to these tier. sonnl matters, but we wish to tiave others understand that ve have rights a well a they, and that we shsll not permit such attacks upon us to go unnoticed and nnrehoked. Members may rise in iheir places, and abuse us, if their taste is inclined that way, but im too huve an audience, nnd shall moat certainly reply. We do not know Mr. Vattikr (tersonally, and trust he will , disavow what is inferable from his reported language. II he does men we are a never. If ho doesnot, well. We have hnd our question uf privilege. Eski.mh Minmtxr. It is announced officially, by Ihe National Intelligencer, lhat Hon. John F. Crampton has been appointed Envoy Extraordiuarv am) Minister Plenipotentiary irom Great Britain in place of Sir II. L. Bulwer. Mr. Crampton is an Irishman. The Priies in the American Art Union, New York are to be drawn on the 30th uf March. |
Format | newspapers |
LCCN | sn85025898 |
Reel Number | 00000000024 |
File Name | 0282 |